CODE OF ORDINANCES - elibrary.pacounties.orgelibrary.pacounties.org/Documents/Schuylkill_County/2043; Hubley... · Franchise and Services ... and to the location within the Code of

REVISED FINAL MANUSCRIPT

for the

CODE OF ORDINANCES

of the

TOWNSHIP OF HUBLEY Schuylkill County

Published by Authority of the Township

Submitted

August 1, 1996

PENNS VALLEY PUBLISHERS (A Division of Fry Communications)

Mechanicsburg, Pennsylvania

CODE OF ORDINANCES

of the

TOWNSHIP OF HUBLEY

Schuylkill County, Pennsylvania

Published by Authority of the Township

PENNS VALLEY PUBLISHERS

(A division of Fry Communications, Inc.)

Mechanicsburg, Pennsylvania

CONTENTS

Municipal Officials . . . Foreword . . . . . . . . . . . Adopting Ordinance Fee Resolution . . . .

Chapter 1 . . . . . . . . . . . . . Administration and Government . . . . . . . . . . . . Chapter2 . . . . . . . . . . . . . Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter3 . . . . . . . . . . . . . Bicycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter4 . . . . . . . . . . . . . Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 6 . . . . . . . . . . . . . Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 8 . . . . . . . . . . . . . Floodplains . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 5 . . . . . . . . . . . . . Code Enforcement . . . . . . . . . . . . . . . . . . . . . . .

Chapter 7 . . . . . . . . . . . . . Fire Prevention and Fire Protection . . . . . . . . . .

Chapter 9 . . . . . . . . . . . . . Grading and Excavating . . . . . . . . . . . . . . . . . . . Chapter 10 . . . . . . . . . . . . Health and Safety . . . . . . . . . . . . . . . . . . . . . . . . Chapter11 . . . . . . . . . . . . Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 12 . . . . . . . . . . . . Libraries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 13 . . . . . . . . . . . . Licenses, Permits and General Business

Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 14 . . . . . . . . . . . . Mobile Homes and Mobile Home Parks . . . . . . . Chapter 15 . . . . . . . . . . . . Motor Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 16 . . . . . . . . . . . . Parks and Recreation . . . . . . . . . . . . . . . . . . . . . Chapter 17 . . . . . . . . . . . . Planned Residential Development . . . . . . . . . . . Chapter 18 . . . . . . . . . . . . Sewers and Sewage Disposal Chapter 19 . . . . . . . . . . . . Signs and Billboards . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . .

Chapter 20 . . . . . . . . . . . . Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 21 . . . . . . . . . . . . Streets and Sidewalks . . . . . . . . . . . . . . . . . . . . . Chapter 22 . . . . . . . . . . . . Subdivision and Land Development . . . . . . . . . .

Chapter 24 . . . . . . . . . . . . Taxation; Special . . . . . . . . . . . . . . . . . . . . . . . . . Chapter25 . . . . . . . . . . . . Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter26 . . . . . . . . . . . . Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter27 . . . . . . . . . . . . Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appendix

Chapter 23 . . . . . . . . . . . . Swimming Pools . . . . . . . . . . . . . . . . . . . . . . . . .

A . . . . . . . . . . . . Annexation of Territory . . . . . . . . . . . . . . . . . . . B . . . . . . . . . . . . BondIssuesandLoans . . . . . . . . . . . . . . . . . . . . C . . . . . . . . . . . . Franchise and Services . . . . . . . . . . . . . . . . . . . .

E . . . . . . . . . . . . Plan Approval . . . . . . . . . . . . . . . . . . . . . . . . . . F . . . . . . . . . . . . PublicProperty . . . . . . . . . . . . . . . . . . . . . . . . . . G . . . . . . . . . . . . Sewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H . . . . . . . . . . . . Streets and Sidewalks . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

D . . . . . . . . . . . . Governmental and Intergovernmental Affairs . . .

J . . . . . . . . . . . . . Zoning; Prior Ordinances . . . . . . . . . . . . . . . . . .

Key to the Disposition of All Ordinances Index

ELECT ED OFFICIALS

President

Tax Collector Auditors

APPOINTED OFFICIALS

Manager Secretary Treasurer Codes Officer Solicitor Engineer

OFFICIALS

of the

TOWNSHIP OF HUBLEY

County of Schuylkill

Pennsylvania

Board of Supervisors

[Name]

- [Name] -

- v -

FOREWORD

History

This comprises the codification of the Ordinances of the Township of Hubley. The Township of Hubley was originally settled in 1804 and was incorporated as a Second Class Township from parts of Lower Mahantango Township in 1853.

The Code of Ordinances of the Township of Hubley was prepared by Penns Valley Publishers, a division of Fry Communications, Inc., and adopted by the Township Board of Supervisors on [Date] by Ordinance Number

Organization

The Code contains four parts which are (1) the valid current ordinances of the Township contained in Chapters 1 through 27, (2 ) the Appendix, which lists by abstracted title all ordinances of a temporary or "one time" nature, (3) the Key to the disposition of each ordinance ever enacted by the Township, and (4) the Index, which is an alphabetical arrangement of subjects.

In the Code each Chapter is separated by a divider tab, and specific ordinances can be located by subject on the contents page at the beginning of each Chapter. The Index may also be used to search for a subject when one is looking for general information on a particular subject, or if it is not known in which Chapter the subject might be found. The Appendix consists of several general categories containing a chronological listing of short subject descriptions along with a reference to the original ordinance and its date of enactment, if known.

The Key to disposition indicates what action has been taken by the Township Board of Supervisors with regard to every ordinance ever enacted. An ordinance has either been (1) specifically repealed, (2) superseded by another ordinance, (3) is located in a Chapter of the Code book, or (4) is located in the Appendix. Annual tax rate and budget ordinances are located only in the Key. The Key is a cross reference to the original ordinance books of the Township, and to the location within the Code of each ordinance by number.

vii

ORDINANCE NO. - AN ORDINANCE ADOPTING THE CODE OF ORDINANCES OF THE TOWNSHIP OF HUBLEY, SCHUYLKILL COUNTY, PENNSYLVANIA; CONSOLIDATING, REVISING, AMENDING AND REPEALING CERTAIN ORDINANCES; ENACTING CERTAIN NEW PROVISIONS; PROVIDING A PROCEDURE FOR AMENDING THE CODE AND FOR THE CITATION OF THE CODE AND THE EFFECTIVE DATE THEREOF; ESTABLISHING RESPONSIBILITY FOR MAINTENANCE OF THE CODE; SAVING CERTAIN PROVISIONS FROM REPEAL; AND PRESCRIBING PENALTIES FOR VIOLATION.

The Board of Supervisors hereby ordains:

Section 1. Adoption. The "Code of Ordinances, Township of Hubley," as prepared and published for the said Township by Penns Valley Publishers, is hereby adopted as a, consolidation, codification and revision of the ordinances of the Township. Chapters 1 through 27 thereof contain the text of the body of all general administrative and regulatory ordinances of the Township organized as follows:

TABLE OF CONTENTS

Chapter 1. . . . . Administration and Government Chapter 6. . . . . Conduct Chapter 8. . . . . Floodplains Chapter 10. . . . . Health and Safety Chapter 11. . . . . Housing Chapter 13. . . . . Licenses, Permits and General Business Regulations Chapter 15 . . . Motor Vehicles Chapter 18. . . . . Sewers and Sewage Disposal Chapter 21. . . . . Streets and Sidewalks Chapter 22. . . . . Subdivision and Land Development Chapter 24. . . . . Taxation, Special Chapter 26. . . . . Water Chapter 27. . . . . Zoning

APPENDIX:

A. . . . . Annexation of Territory B . . . . . Bond Issues and Loans C . . . . . Franchise and Services D . . . . . Governmental and Intergovernmental Affairs E . . . . . Plan Approval F . . . . . Public Property G . . . . . Sewers H . . . . . Streets and Sidewalks I . . . . :. Water J . . . . . . Zoning; Prior Ordinances

Key to the Disposition of All Ordinances

ix

: ..

The Appendix of the volume lists, by subject matter, in chronological order, the titles (or an abstract of title) of enactments of special nature or of historical interest, for the complete text of which the official records of the Township shall be authoritative.

Section 2. Citation and Effective Date. The codification referred to in section 1 of this ordinance shall be known and cited officially as the ‘Township of Hubley Code of Ordinances,” and all future ordinances shall make reference thereto. This ordinance shall become effective immediately upon publication of notice of final enactment as iequired by law.

Section 3. Saving Clause. The provisions of the Township of Hubley Code of Ordinances, so far as they are the same as those ordinances and regulations in force immediately prior to the adoption of said Code, are intended as a continuation of such ordinances and regulations and not as a new enactment. The provisions.of the Township of Hubley Code of Ordinances shall not affect any suit or prosecution pending or to be instituted to enforce any of the prior ordinances or regulations.

Section 4. Consolidation and Revision. As a necessary part of codificqtion, the following provisions are hereby consolidated and revised as indicated:

A. Revisions Chapter,Part,Section Subiect Ordinance No.

6, 1, 101,102 Disorderly Conduct 8/2/1971

21, 2, 201-219 Excavations and

24, 2, 201-207 Earned Income Tax 11/2/1964

Openings 9

24, 3, 301-305 Per Capita Tax -/-/1962

Section 5. New Enactments, Amendments and Repeals. As a necessary part of codification, the following ordinances are hereby enacted, amended and repealed as summarized by short title:

A. New Enactments Chauter.Part,Section

1, 4, 401-403 Volunteer Firemen’s Relief Association

1, 6, 601-606 Fire Insurance

10, 2, 201-208 Storage of Motor Vehicle Nuisances

13, 1, 101-109 Transient Retail Merchants

15, 1, 101 Speed Limits

x

B. Amendments Chap ter,Part,Section Subiect

1, 1, 101 Compensation; Annual Amount

8, 2, 209 Building Permits

10, 1, 101 Truckbeds to be Covered

Ordinance No.

35, §I

26,5209

8, 52

C. Repeals Ordinance No.

1 Solid Waste

8, §3

27 Fire Prevention Code

Transporting Coal and Culm

Section 6. Adoption of Standard Codes by Reference.

As a necessary part of codification, the following ordinances are hereby enacted by reference as standard codes summarized by short title:

Chapter, Part Short Title

Section 7. Land Use Amendments.

The Township of Hubley Code of Ordinances is hereby amended as is more fully shown in the complete text of Chapter 27 thereof which is attached hereto and made part hereof by reference hereto as if fully set out at length herein, with deletions shown by s & k + k w & and additions shown by underline, all of which is briefly summarized hereinafter.

A. New Provisions. The following provisions are new provisions which are being added to the Code, are underlined throughout the text and are summarized as follows:

Chapter, Part, Section 22, 3, 311 22, 3, 313 22, 3, 314 22, 6, 604 22, 6, 605 22, 7, 703 27, 8, 806 27, 8, 807

wJf& Modifications Effect of Plat Approval on Official Map Exemptions Release from Improvement Bond Remedies to Effect Completion of Improvements Preventive Remedies Parties Appellant Before the Board Time Limitations

xi

B. Revised Provisions. The following provisions of the Code are revi:;ed, the text of which indicates deletions by strike-through and additions by underline and are summarized as follows:

Chapter,Part,Section

22, 2, 202

22, 3, 308

22, 3, 309

22, 3, 310

22, 3, 312

22, 4, 402

22, 4, 403

22, 5, 510

22, 6, 603

22, 7, 701

22, 7, 704

22, 7, 706

27, 2, 201

27, 3, 301

27, 4, 402

27, 4, 403

27, 8, 801

27, 8, 802

27, 8, 803

Specific Terms

Completion of Improvements

Release from Improvement Bond

Remedies to Effect Completion of Improvements

Recording Plats and Deeds

Preliminary Plans

Final Plans

Environmental Protection and Public Open Space Preservation

Completion of Improvements or Guarantee Thereof Prerequisite to Final Plat Approval

Amendments

Enforcement Penalties

Fees

Community Development Objectives

Definitions

Zoning Map

Delineation of District Boundaries

Zoning Hearing Board

Hearings

Jurisdiction

-- Ordinance - No.

32, :$2.10

32, !$3.70

32, $3.70

32, s3.70

32, g3.70

32, 94.10

32, 54.20

32, 5.5.90

32, 56.02

32, 57.00

32, 57.20

32, 57.40

12/21 /1982, Art2

12/21/1982, 53.1

12/21/1982, 54.2

12/21/1982, §4/3

12/21/1982, 58.1

12/21/1982, 58.2

12/21/1982, 58.3

xii

Chap ter,Part,Section Ordinance - No.

12/21/1982, 58.4

12/21/1982, 58.4

12/21/1982, 59.2

12/21/1982, 59.6

12/21/1982, 59.7

59.8

5§10.1,10.2

12/21/1982,

12/21/1982,

12/21/1982, 510.3

27, 8, 804

27, 8, 805

27, 9, 902

27, 9, 906

27, 9, 907

27, 9, 908

27, 10, 1001

27, 10, 1002

Variances

Special Exceptions

Appointment and Powers of the Zoning Officer

Enforcement Notice

Enforcement Remedies

Causes of Action

Enactment of Zoning Ordinance Amendments

Procedure for Landowner Curative Amendments

C. Reuealed Provisions. The following provisions of the Code are repealed, the test of which is indicated by

Chauter, Part, Section Subiect Ordinance No.

, and are summarized as follows:

Section 8. Procedural Changes. The following minor procedural changes have been made to existing Township ordinances:

A.

B.

C.

Grammatical and spelling errors have been corrected where necessary;

Minor changes have been made to correct obsolete terms and usages;

The penalty provisions have been revised where necessary to complys&jth thG ' c:5'a+. Pennsylvania Township Code, Vehicle Code, Municipalities Planning C$e>a?d the Local Tax Enabling Act.

- .. Jz,,

u' ?, \ 2 5 2 .- . , . y z - - i c; ? . - $ - 3: = 5 . . - - r c- . z s '\; : ." .

Section 9. Amending the Code of Ordinances. The procedure for amending the;CEde of ' .. .Lv:c$

Ordinances shall include the citation of the Chapter, Part, Section and Subsection-to be . -.. .,:-'

amended, revised, repealed or added as follows:

A.

- .. - - - .*: -. z . - - .

.. _ _

Amendment or Revision - "Chapter --I Part -I Section - Subsection is hereby amended [revised] to read as follows ..."

xiii

B. Additions - "Chapter - Part , Section I Subsection is hereby amended by the addition of the following ..."

C. w- "Chapter ,Part I Section , Subsection -- is hereby repealed in its entirety."

Section 10. Responsibility for Code of Ordinances. It shall be the responsibility of the Township Secretary to maintain an up-to-date certified copy of the code of ordinances. This copy shall be the official copy of the Township of Hubley Code of Ordinances and shall be available for public inspection.

Section 11. Penalties. It shall be unlawful for anyone to change, alter, or tamper with the code of ordinances in any manner which will intentionally misrepresent the laws of the Township. Whosoever shall violate this Section shall, upon conviction thereof, be sentenced to pay a fine of not more than six hundred dollars ($600.00) and costs, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed thirt)r (30) days.

Section 12. Severability of Parts of Codification. It is hereby declared'to be the intention of the Board of Supervisors that the chapters, parts, sections, paragraphs, sentences, clauses and phrases of this codification are severable. If any section, paragraph, sentence, clause or phrase of this code is declared unconstitutional, illegal or otherwise invalid by the judgment or decree of a court of competent jurisdiction, that invalidity shall not affect any of the remaining chapters, parts, sections, paragraphs, sentences, clauses or phrases of this codification.

ACTED AND ORDAINED this ?, day of D J O A , 1 9 4 6

TOWNSHIP OF HUBLEY

BY

xiv

FEE RESOLUTION

A resolution establishing fees for the filing of applications, permits and licenses for the Township of Hubley.

WHEREAS, the Board of Supervisors has adopted a codification, consolidation and revision of ordinances of the Township; and,

WHEREAS, it is the desire of the Board of Supervisors of Hubley Township to eliminate all filing fees, permit fees, and license fees from the Code of Ordinances and enact them instead by resolution;

NOW, THEREFORE BE IT RESOLVED and it is hereby resolved by the Board of Supervisors of the Township of Hubley that all fees are hereby fixed as follows:

SUBJECT FEES

FLOODPLAINS

Building Permits (E, 5209) $ 25.00

SEWAGE PERMIT FEES

1. Residential Building Site Schedule of Permit Fees - 75%

Permit Application $ 15.00 Site Inspection/Consult $ 18.50

Probe Test (each) $ 22.50 Percolation Test $130.00 Observed Percolation Test by Another S.E.O. $ 60.00

Standard $ 15.00 Mound/Pressure Dose $37.50

Standard $ 15.00 Mound $ 18.75

Applicant

Design Review

Final Inspection

Permit Issuance 0

100% Township

$ 20.00 $ 25.00 $ 30.00 $160.00

$ 80.00

$ 20.00 $ 50.00

$ 20.00 $ 25.00

0 Hourly Rate for Other $20.00/hour Other Secretarial $10/00/hour Mileage $ 0.245/mile

The property owner or applicant shall furnish a backhoe to dig the probe test. If the site is unsuitable to drive to, the property owner or applicant must provide a way for S.E.O.'s vehicle to get to the job site.

Applicant/owner must dig percolation test holes or make other arrangements.

xv

2. Repairs, Alterations or Replacements Fees Will be Based on the Residential Building Site Schedule, depending on type of repair

Dye Test $50.00

Using Prior Test Results and Design $ 30.00 $ 40.00

Probe Test $ 18.50 $25.00 Percolation $140.00 $170.00 Charges to Land Subdivision for Preparation of the Planning Modul's Paid by Owner/Subdivider 100%

Probe Test $30.00 each Percolation Test $160.00 each Review Minor Modules $ 50.00

Secretarial $lO.OO/hour Material, Supplies and Postage, etc. Roundtrip Mileage from Office to Site

3. Reissue of Expired Permit

4.

Review Major Modules $100.00

Actual Cost $ 0.25/mile

STREETS AND SIDEWALKS

Driveway Construction (21,5104) Per Access or Occupancy $ 50.00 High Volume Driveways $100.00

SUBDIVISION AND LAND DEVELOPMENT FEES

Residential Sketch Plan for Record Standard Procedure

$ 50.00

Sketch Plan $100.00 Preliminary Plan Final Plan

$250.00 plus $20.00/lot or D.U. $250.00 plus $20.00/lot or D.U.

Commercial, Industrial or Mixed Use

Standard Procedure Sketch Plan for Record $250.00

Sketch Plan $100.00 Preliminary Plan $250.00 plus $20.00/acre Final Plan $250.00 plus $20.00/acre

Plan Revisions

Unused amounts minus a $100.00 minimum fee will be returned to the applicant. Excess amounts must be paid by applicant prior to final plan approvals and release.

50 % of required initial fee

ZONING

1. Zoning Permits

A. Residences Other than Apartments $25.00 (single family or two family)

xvi

B. Apartments and Townhouses $50.00 plus $25.00 per approved dwelling unit

C. Commercial and Industrial Structures

Less than $25,000 5 50.00 $25,000 - $50,000 5100.00 $50,000 - $75,000 $150.00 $75,000 - $100,000 $200.00

For each $1,000, or part thereof, of cost involved over and above the sum of 5100,000.00 an additional fee will be charged at the rate of $2/1000.

The above fees are based on the total cost involved in construction of the structure.

D.

E.

Other Principal Structures (Same rate as above)

Residential Additions, remodeling - $10.00 and accessory uses

2. Certificate of Occupancy

Residential $10.00

Commercial and Industrial $20.00

3. Application to Zoning Hearing Board $75.00

4. Application for Appeal to Zoning Hearing Board

A. Single and Two Family Residences $ 50.00

8. Apartments and Townhouses $100.00

C. Commercial and Indushial $100.00

5. Application for Zone or Text Amendment $ 75.00

6. Signs

A. Permitted Permanent Signs in Residential Districts No Charge

8. Permitted Temporary Signs in Residential Districts (50% refundable when sign removed by permit expiration date) $ 5.00

Permitted Signs in Commeraal Industrial and Farm Industrial Districts 525.00

C.

xvii

CHAPTER 1

ADMINISTRATION AND GOVERNMENT

I

PART 1

COMPENSATION OF TOWNSHIP SUPERVISORS

5101. Annual Amount 5102. Monthly Installments 5103. Receipt of Compensation

PART 2

PLANNING COMMISSION

5201. Intention to Organize a Commission 5202. Membership 9203. Terms of Office 5204. Development Plan

PART 3

RECREATION COMMISSION

5301. Creation of the Board 5302. Appointment of Officers 5303. Officers 5304. Duties 5305. Financial Appropriations 5306. Disbursal of Funds 5307. Submission of Annual Report 5308. Vesting of Powers

PART 4

RECOGNITION OF FIREMEN’S RELIEF ASSOCIATION

5401. Recognition of Firemen’s Relief Association 5402. Certification to Auditor General 9 0 3 . Annual Appropriation

PART 5

HUBLEY TOWNSHIP AUTHORITY

1-1

5501. Intention to Organize 5502. PublicHearing . 5503. Articles of Incorporation 5504. Appointment and Terms of Office 5505. Execution of the Articles of Incorporation 5506. Initial Project of the Authority

PART 6

FIRE INSURANCE

5601. Use of Fire Insurance Proceeds 5602. Limits of Liability 5603. Insurance Company Rights Reserved 5604. Construction 5605. Notification of Pennsylvania Department of Community Affairs 5606. Enforcement and Remedies

1-2

(1 PART 1)

PART 1

COMPENSATION OF TOWNSHIP SUPERVISORS

5101. ANNUAL AMOUNT.

Each duly elected Supervisor of the Township of Hubley will receive as compensation an annual compensation of one thousand eight hundred seventy-five dollars ($1,875.00) as salary for the performance of duties imposed by the provisions of the Second Class Township Code.

(Ord. 41,12/18/1995; as amended by A.O.

5102. MONTHLY INSTALLMENTS.

The salary provided for in this Part shall be payable monthly in equal monthly installments of one hundred fifty-six dollars and twenty-five cents ($125.25).

(Ord. 41,12/18/1995,§2)

5103. RECEIPT OF COMPENSATION.

Notwithstanding §§lo1 and 102 of this Part, a Supervisor shall not receive any compensation during any month in which he does not attend at least one (1) meeting and the salary provided for in 5101 above shall be decreased by the sum of one hundred twenty-five dollars ($125.00) for each month such Supervisor fails to attend at least one (1) meeting during such month.

(Ord. 41,12/18/1995,53)

1-3

(1, PART 2)

PART 2

PLANNING COMMISSION

5201. INTENTION TO ORGANIZE A COMMISSION.

The Board of Supervisors of Hubley Township hereby signifies its intention and desire to organize a Township Planning Commission under the provisions of the Pennsylvania Municipalities Planning Code, Act 247 of July 31, 1968, as amended and supplemented.

(Ord. 24, 12/9/1980,§1)

5202. MEMBERSHIP.

The Planning Commission shall consist of five (5) members, all of whom shall be citizens of the Township of Hubley. The term of office of the members shall be four (4) years or until a successor is appointed, except that the terms of the members first appointed shall be as set forth in 5203 of this Part. In event of vacancies, the Board of Supervisors shall appoint a member to fill the unexpired term. Members whose terms have expired shall hold office until their successors have been appointed.

(Ord. 24,12/9/1980,52) 0 5203. TERMS OF OFFICE.

The names, addresses and terms of office of the members of the Planning Commission are as follows: [Here followed the names, addresses and terms of office of the first members of the Planning Commission.]

(Ord. 24, 12/9/1980,53)

5204. DEVELOPMENT PLAN.

The Planning Commission shall prepare and adopt a plan for the development of the Township of Hubley and which plan of development shall be based on studies of the physical, social, economical and governmental conditions and trends and shall be designed to promote with the greatest efficiency and economy the coordinated development of the Township of Hubley and general welfare and prosperity of its residents.

(Ord. 24, 12/9/1980,54)

1-5

(1, PART 3)

PART 3

RECREATION COMMISSION

$301. CREATION OF THE BOARD.

There is hereby created a recreation and park board known as the "Recreation Commission of the Township of Hubley."

(Ord. 13,2/6/1978, $1)

$302. APPOINTMENT OF OFFICERS.

The board shall be composed of five (5) members to be appointed by the Township Supervisors with the power to provide and conduct recreation and cultural activities and maintain public recreation areas, facilities and centers subject to all the responsibilities of the recreation enabling legislation enacted by the General Assembly of the Commonwealth of Pennsylvania. The board members shall serve for terms of five (5) years and until their successors are appointed, except that the members first appointed shall be so appointed that the term of one (1) member shall expire annually thereafter. Vacancies shall be filled in the same manner as original appointments and for the unexpired term. Members shall serve . without pay.

(Ord. 13, 2/6/1978, 52) 0

$303. OFFICERS,

The Recreation and Park Board shall appoint from its membership a chairman and such other officers as it may deem necessary for the orderly procedure of its business and may adopt bylaws, rules and regulations covering its procedure not inconsistent with the provisions of the laws of the Commonwealth of Pennsylvania. The Recreation and Park Board shall, from time to time, make rules governing the operation and conduct of the recreational facilities operated by the board. The board shall hold regular meetings at such time and place as it may designate.

(Ord. 13, 2/6/1978, $3)

$304. DUTIES.

The Recreation and Park Board shall maintain, operate and supervise the public parks, playfields and all outdoor and indoor recreation areas and facilities owned or controlled by the Township of Hubley.

(Ord. 13,2/6/1978,54)

1-7


5305. FINANCIAL APPROPRIATIONS.

The Recreation and Park Board may accept any grant, gift, bequest, devise or donation of services, equipment, real estate or money from any individual or group, to be used as specified by the donor or by the terms of acceptance. The Recreation and Park i3oard shall have no authority to enter into any contract or incur any obligation binding, upon the Township of Hubley, other than current obligations or contracts to be fully executed within the then current fiscal year, and all within the budget appropriations made by the Supervisors of the Township of Hubley.

( a d . 13,2/6/1978,55)

6306. DISBURSAL OF FUNDS.

The funds appropriated by the Supervisors of the Township of Hubley and budgeted to the Recreation and Park Board shall be disbursed by the fiscal disbursing officer of the Township of Hubley, upon vouchers issued by the Recreation and Park Board and within the budget appropriations made. Funds received by the Recreation and Park Board from sources other than budget appropriations shall be deposited by the Secretary to the credit and for the use of the said board and disbursed as the above budget funds are disbursed, except that funds received by gift, bequest or otherwise shall be disbursed in accordance with the terms of the acceptance thereof.

Ord. 13, 2/6/1978, 56)

9307. SUBMISSION OF ANNUAL REPORT.

The Recreation and Park Board shall submit an annual report and such other reports as needed to the Supervisors of Hubley Township at such times as may be designated or requested by the said Supervisors. The fiscal year of said Recreation and Park Board shall conform to that of the Township of Hubley.

(Ord. 13, 2/6/1978,§7)

5308. VESTING OF POWERS.

Such powers that are now or may hereafter by provided by statute of the Commonwealth of Pennsylvania or by ordinances of the Township of Hubley relating to the development and operation of recreation systems, public parks and playgrounds are hereby vested in the Recreation and Park Board to be exercised by it, subject to any and all restrictions contained in such powers and ordinances.

(Ord. 13,2/6/1978,58)

1-8

(1, PART 4)

PART 4

RECOGNITION OF FIREMEN'S RELIEF ASSOCIATION

5401. RECOGNITION OF FIREMEN'S RELIEF ASSOCIATION.

1. The following association is hereby recognized as actively engaged in providing fire protection and/or emergency services in the Township.

Sacramento Volunteer Fire Company Relief Association

The above named association has been formed for the benefit of its members and their families in case of death, sickness, temporary or permanent disability or accident suffered in the line of duty.

The above named Association of the Township is designated the proper association(s) to receive such funds as ar due and payable to the Township Treasurer by the Treasurer of the State of Pennsylvania from the tax on premiums from foreign fire insurance companies.

2.

(A.O.

5402. CERTIFICATION TO AUDITOR GENERAL.

The Board of Supervisors shall annually certify to the Auditor General of the Common- wealth, the name of the active association and the percentage of service it contributes to the protection of the Township. Such certification shall be on forms prescribed by the Auditor General.

(A.O.

5403. ANNUAL APPROPRIATION.

There is annually appropriated from the Township Treasury all such sums of money that may hereafter be paid into the Township Treasury by the Treasurer of the State of Pennsylvania on account of taxes paid on premiums of foreign fire insurance companies in pursuance of the Act of December 19, 1984, No. 205, 5701 s. as hereinafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania. such monies received by the Township Treasurer from the State Treasurer shall be distributed to the duly recognized association(s) within sixty (60) days of receipt. The funds shall be distributed on the basis of the percentage of service established in the certification to the Auditor General and with other provisions of the Act.

(A.0

1-9

(1, PART 5)

PART 5


5501. INTENTION TO ORGANIZE.

The Board of Supervisors of Hubley Township hereby signifies its intention to organize an Authority under the provisions of the Municipality Authorities Act of 1945 (Act of May 2, 1945, P.L. 382, as amended), to be named "Hubley Township Authority."

(Ord. 36, -/-/1993,51)

5502. PUBLIC HEARING.

In preparation for the passage of this Part, a public hearing was held on November 15,1993, as required by law, for discussion of the intention of the Township of Hubley to create said Authority.

(Ord. 36, -/-/1993, 52)

5503. ARTICLES OF INCORPORATION.

In pursuance of said intention the Articles of Incorporation of the said Authority are hereby approved and adopted in the following form:

ARTICLES OF JNCOFU'ORATION


T O THE SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA

In compliance with the Municipality Authorities Act of 1945 (the Act of May 2, 1945, P.L. 382, as amended and supplemented) the Township of Hubley, Schuyikill County, Pennsylvania, pursuant to an ordinance duly enacted by the governing body of the Township authorizing and directing the formation of an Authority under said Act does hereby certify:

A.

B.

The name of the Authority shall be "Hubley Township Authority."

The Authority is formed under the provisions of the Act of the General Assembly of the Commonwealth of Pennsylvania, approved May 2, 1945, P.L. 382, as amended and supplemented, known as the Municipality Authorities Act of 1945.

The Township has not organized any authorities under the Municipality Authorities Act of 1945 or under the Act approved June 28, 1935, P.L. 463.

C.

1-11


D. The name of the incorporating municipality is Township of Hubley, Schuylkill County, Pennsylvania and the names and address of its municipal officers are as follows: [Here followed the names and addresses of the municipal officers.]

The names, addresses and terms of office of the first members of the Board of said Authority, each being a citizen of Hubley Township, are as follows: [Here followed the names, addresses and terms of office of the first members of the Board.] The terms of office of the first members of the Board of the Authority shall commence on the date of the appointment and shall be computed from the first day of January, 1994.

All vacancies on said Board shall be filled by appointment by the Board of Supervisors of Hubley, Schuylkill County, Pennsylvania, and the person so appointed shall be a resident of Hubley Township, Schuylkill County, Pennsylvania. Such appointment shall be for the balance of the term of the predecessor member, if any, or if none, for a full term of five (5) years.

The purpose of the Authority shall be the acquisition, development, construction improvement, operation and maintenance of a water distribution sjstem and related facilities for the benefit of Hubley Township, Schuylkill County, Pennsylvania. No new project shall be undertaken by the Authorirf without prior approval of the Township.

These Articles shall not be construed as restricting or attempting to restrict the right and power of the Authority to undertake any other project which it may, by law, be authorized to undertake upon prior approval of the Township as aforesaid.

E.

F.

G.

H.

(Ord. 36, -/-/1993,§3)

9504. APPOINTMENT AND TERMS OF OFFICE.

Those members of the Board of said Authority who are named in the aforesaid Articles of Incorporation are hereby specifically appointed members of said Board for the terms set forth after their respective names, commencing on the date of appointment and computed from the first day of January, 1994.

(Ord. 36, -/-/1993,9)

9505. EXECUTION OF THE ARTICLES OF INCORPORATION.

The Chairman of the Board of Hubley Township is hereby authorized and directed to execute said Articles of Incorporation on behalf of said Township with such change:; therein as the signer may approve and the Secretary is hereby authorized and directed to affix thereto and attest the seal of the Township. Said officers are further authorized and directed to cause such notices to be published consistent herewith and as may be required by law and to file said Article of Incorporation together with such other documentation as may be

1-12

(1, PART 5)

required by law with the Secretary of the Commonwealth of Pennsylvania and to take all such action as they may deem necessary or appropriate to establish said Authority and carry out the intention of this Part.

a (Qrd. 36, -/-/1993,§5)

5506. INITIAL PROJECT OF THE AUTHORITY.

The initial project to be undertaken by said Authority is as follows: to acquire, develop, construct, improve, operate and maintain a water distribution system and related facilities for the benefit of Hubley Township, Schuylkill County, Pennsylvania. Subsequent projects of the Authority shall be undertaken only upon the prior approval of the Board of Supervisors.

(Ord. 36, -/-/1993, §6)

1-13

(1, PART 6)

PART 6

FIRE INSURANCE

5101. USE OF FIRE INSURANCE PROCEEDS.

1. No insurance company, association or exchange (hereinafter "insurer") doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within the Township where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the insurer is furnished by the Township Treasurer with a certificate pursuant to 508(b) of the Insurance Company Law of 1921, as amended by Act 98 of 1992 and Act 93 of 1994 (collectively, the "Act") and unless there is compliance with the procedures set forth in 508(c) and (d) of the Act.

Where there are delinquent taxes, assessments, penalties or user charges against the property ("municipal claims"), or there are expenses which the Township has incurred as a cost for the removal, repair or securing of a building or other structure on the property (collectively "municipal expenses"), the Township Secretary of the Township shall immediately render a bill for such work, if he has not already done so. Upon written request of the named insured specifying the tax description of the property, the name and address of the insurer and the date of receipt by the insurer of a loss report of the claim, the Treasurer shall furnish a certificate within 14 working days after the request, to the insurer, a certificate (or at his discretion an oral notice confirmed in writing) either:

A.

2.

Stating that there are no unpaid municipal claims or municipal expenses against the property; or,

Specifying the nature and amount of such claims or expenses, accompanied by a bill for such amounts.

8.

Taxes, assessments, penalties and user charges shall be deemed delinquent for this purpose if a lien could have been filed for such claims under applicable law. Upon receipt of a certificate and bill pursuant to subsection (A) of this Section, the insurer shall transfer to the Treasurer an amount from the insurance proceeds sufficient to pay such sums prior to making payment to the named insured, subject to the provisions of subsection (3) hereof.

When all municipal claims and municipal expenses have been paid pursuant to subsection (2) of this Section, or where the Treasurer has issued a certificate described in subsection (2)(A) indicating that there are no municipal claims or municipal expenses against the property, the insurer shall pay the claim of the named insured; provided, however, that if the loss agreed upon by the named insured and the insurer equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the following procedures must be followed:

3.

1-15


A. The insurer shall transfer from the insurance proceeds to the Treasurer, in the aggregate, $2,000 for each $15,000 of such claim or fraction thereof.

If at the time a loss report is submitted by the insured, such insured has submitted to the insurer, with a copy to the Township, a contractor‘s signed estimate of the cost of removing, repairing or securing the building or other structure in an amount less than the amount calculated under the foregoing transfer formula, the insurer shall transfer to the Treasurer from the insurance proceeds the amount specified in the estimate. If there is more than one insurer, the transfer of proceeds shall be on a pro rata basis by all insurers injuring the building or other structure.

Upon receipt of the above described portion of the insurance proceeds, the Treasurer shall do the following:

€3.

C.

Place the proceeds in a separate fund to be used solely as security against the total muniapal expenses anticipated by the Township to bc required in removing, repairing or securing the building or structure as required by this Part. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the Township in connection with such removal, repair or securing or any proceedings related thereto; and,

Mail to the named insured, at the address received from the insurer, a notice the proceeds have been received by the Township and that the procedures under this subsection shall be followed.

After the transfer, the named insured may submit to the Township a contractor’s signed estimate of the cost of removing, repairing or securing the building or other structure, in which event the Treasurer shall, if such estimate is deemed by the Treasurer to be reasonable, return to the insured the amount of the funds transferred to the Township in excess of that required to pay the municipal expenses; provided, the Township has not commenced to remove, repair or secure the building or other structure, in which case the Township will complete the work.

Pay to the Township Secretary, for reimbursement to the Township general fund, the amount of the municipal expenses paid by the Town- ship.

Pay the remaining balance in the fund (without interest) to the named insured upon receipt of a certificate issued by the Township Secretary that the repair, removal or securing of the building or other structure has been completed in accordance with all applicable codes and regulations of the Township.

Nothing in this Section shall be construed to limit the ability of the Township to recover any deficiency in the amount of municipal claims or municipal expenses recovered pursuant to this Part, or to insurance proceeds, by an action at law or in equity to enforce the codes of the

1-16

(1, PART 6)

Township or to enter into an agreement with the named insured with regard to such other disposition of the proceeds as the Township may deem responsible.

(A.O.

5602. LIMITS OF LIABILITY.

Nothing in this Part shall be construed to make an insurance company, association or exchange liable for any amount in excess of proceeds payable under its insurance policy or for any other act performed pursuant to this Part or to make this Township, any Township official, a municipality or public official an insured under a policy of insurance or to create an obligation to pay delinquent property taxes or unpaid removal liens or expenses other than as provided in this Part.

(A.O.

5603. INSURANCE COMPANY RIGHTS RESERVED.

An insurance company, association or exchange making payment of policy proceeds under this Part for delinquent taxes or structure removal liens or removal expenses incurred by the Township shall have a full benefit of such payment including all rights of subrogation and of assignment.

(A.O.

5604. CONSTRUCTION.

This Part shall be liberally construed to accomplish its purpose to deter the commission of arson and related crimes, to discourage the abandonment of property and to prevent urban blight and deterioration.

(A.O.

5605. NOTIFICATION OF PENNSYLVANIA DEPARTMENT OF COMMUNITY AFFAIRS.

The Secretary of the Township shall transmit a certified copy of this Part promptly to the Pennsylvania Department of Community Affairs.

(A.O.

5606. ENFORCEMENT AND REMEDIES.

1-17


1. Enforcement Notice.

A. If it appears to the Township that a violation of this Part has oct.urred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this Section.

The enforcement notice shall be sent to the violator and, if applicable, the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel and to any other person requested in writing by the owner of record.

An enforcement notice shall state at least the following:

(1)

B.

C.

The name of the violator and, if applicable, the owner of record and any other person against whom the Townshlp intends to take action.

The location of the violation and, if applicable, the property in violation.

The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Part.

The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

That the recipient of the notice has the right to appeal to the Board of Supervisors within a period of 10 days.

That failure to comply with the notice within the time specified, unless extended by appeal to the Board of Supervisors, constitutes a violation, with possible sanctions clearly described.

(2)

(3)

(4)

(5)

(6)

2. Enforcement Remedies.

A. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $1,000 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this Part to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.

1-18

(1, PART 6)

8. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this Section.

District justices shall have initial jurisdiction over proceedings brought under this Section.

C.

D.

(A.O.

1-19

CHAPTER 2

ANIMALS

(Reserved to accommodate future enactments)

2-1

CHAPTER 3

BICYCLES


3-1

CHAPTER 4

BUILDINGS


4-1

CHAPTER 5

CODE ENFORCEMENT


5-1

CHAPTER 6

CONDUCT

PART 1

DISORDERLY CONDUCT

5101. Disorderly Conduct Prohibited 5102. Enforcement Remedies

6-1

(6, PART 1)

PART 1

DISORDERLY CONDUCT

5101. DISORDERLY CONDUCT PROHIBITED.

Disorderly conduct, as defined in the Crimes Code (18 Pa.C.S.A. §5503), is hereby prohibited within the Township. A person is gullty of disorderly conduct if he:

A.

B. Makes unreasonable noise.

C.

Engages in fighting or in threatening, violent or tumultuous behavior.

Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

Provided, as used in this Section, the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access. Among the places included are streets, alleys and sidewalks, transport faalities. schools, prisons, apartment houses, places of business or amusement, any neighborhood or any premises which ar open to the public.

8/2/1971; as revised by A.0

5102. ENFORCEMENT REMEDIES.

1. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this Part to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.

The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

2.

6-3

CONDUCT

* 3. Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this Section.


4.

8/2/1971; as revised by A.O.

6-4

CHAPTER 7

FIRE PREVENTION AND FIRE PROTECTION


7-1

CHAPTER 8

FLOODPLAINS

PART 1

GENERAL PROVISIONS

5101. Statement of Intent 5102. Applicability 5103. Abrogation and Greater Restrictions 5104. Municipal Liability

PART 2

ADMINISTRATION

5201. Floodplain Area Provisions 5202. Issuance of Building Permit 5203. Application Procedures 5204. Other Permit Issuance Requirements (j205. Changes 5206. PlacaFds 5207. Start of Construction 6208. Insaection and Renovation 6209. Fee's 5210. Enforcement and Remedies 5211. Appeals

PART 3

EXISTING STRUCTURES IN IDENTIFIED FLOOD-PRONE AREAS

5301. General

I PART 4

VARIANCES

I 5401. General 5402. Variance Procedures and Conditions

PART 5

DEFINITIONS

8-1

(8, PART 1)

PART 1

GENERAL PROVISIONS

5101. STATEMENT OF INTENT.

The intent of this Chapter is to:

A.

B.

C.

Promote the general health, welfare and safety of the community.

Minimize flood damage in the future,

Minimize danger to public health by protecting water supply and natural drainage.

Reduce financial burdens imposed on the community, its governmental units and its residents by preventing development in areas subject to flooding.

D.

(Ord. 26,12/20/1982, 51.01)

5102. APPLICABILITY.

1. It shall be unlawful for any person, partnership, business or corporation to undertake or cause to be undertaken any construction or development anywhere within the Township of Hubley unless an approved building permit has been obtained from the Building Official.

A building permit shall not be required for minor repairs to existing buildings or structures provided that no structural changes or modifications are involved.

2.

(Ord. 26, 12/20/1982,51.02)

5103. ABROGATION AND GREATER RESTRICTIONS.

This Chapter supersedes any provisions currently in effect in floodplain areas. However, any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive.

(Ord. 26,12/20/1982,§1.03)

5104. MUNICIPAL LIABILITY.

1. The degree of flood protection sought by the provisions of this Chapter is considered reasonable for regulatory purposes in the identified floodplain areas(s). Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural

8-3

EOODPLAINS

causes such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside any identified floodplain area or that land uses, permitted within such areas will be free from flooding or flood damages.

This Chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.

2.

(Ord. 26,12/20/1982,§1.05)

8-4

(8, PART 2)

PART 2

ADMINISTRATION

901. FLOODPLAIN AREA PROVISIONS.

1.

2.

3.

4.

No construction or development shall take place within any identified floodplain area of the Township.

For the purposes of this Chapter the identified floodplain area shall be those areas of the Township which have been identified as being subject to flooding by a one hundred (100) year flood. These areas are shown on the Flood Hazard Boundary Map for Hubley Township, Schuylkill County, Pennsylvania, dated November 22,1974, and prepared by the Federal Insurance Administration.

The identified floodplain area may be revised or modified by the Board of Township Supervisors where studies or information provided by a qualified agency or person documents the need for such revision or modification. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township Planning Commission and any party aggrieved by such determination may appeal to the Board of Township Supervisors. The burden of proof shall be on the appellant.

(Ord. 26, 12/20/1982, 52.01)

5202. ISSUANCE OF BUILDING PERMIT

1. The Building Official shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this Chapter and all other applicable codes and ordinances.

No building permit shall be issued until all other required permits have been obtained from any other office or agency.

2.

(Ord. 26, 12/20/1982, 52.02)

5203. APPLICATION PROCEDURES.

Application for such a building permit shall be made, in writing, to the Building Official on forms supplied by the Township. Such application shall contain at least the following:

A.

B.

Name and address of applicant.

Name and address of owner of land on which proposed construction is to occur.

8-5

FLOODPLAINS

C.

D. Site location.

E.

F.

Name and address of contractor.

Brief description of proposed work and estimated cost.

A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

(Ord. 26, 12/20/1982,§2.03)

5204. OTHER PERMIT ISSUANCE REQUIREMENTS.

1.

2.

3.

Prior to any proposed alteration or relocation of any stream or any water course, etc., within the Township a permit shall be obtained from the Department of Erwironmen- tal Resources, Dams and Encroachment Division, as specified in the Water C)bstruction Act of 1913, as amended. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs.

Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.

Prior to the issuance of any building permit the Building Official shall review the application for permit to determine if all other necessary governmental permits such as those required by State and Federal laws have been obtained including those required by Act 537, the Pennsylvania Sewage Facilities Act, and the Federal Water Pollution Control Act Amendments of 1972, $%04,33 U.S.C. 51334. No pernut shall be issued until this determination has been made.

(Ord. 26,12/20/1982,§2.04)

5205. CHANGES.

After the issuance of a building permit by the Building Official no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Building Official.

(Ord. 26,12/20/1982,§2.05)

5206. PLACARDS.

In addition to the building permit the Building Official shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall

8-6

(8, PART 2)

show the number of the building permit, the date of its issuance and be signed by the Building Official.

(Ord. 26, 12/20/1982,$?.06)

5207. START OF CONSTRUCTION.

Work on the proposed construction shall begin within six (6) months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted in writing by the Building Official. Construction shall be considered to have started with the first placement of permanent construction on the site such as the pouring of slabs or footing or any work beyond the state of excavation. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation or the affixing of any prefabricated structure or mobile home to its permanent site. Permanent construction does not include land preparation, land clearing, grading, filling, excavation for basement footings, piers or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings or the installation of sewer, gas and water pipes or electrical or other service lines from the street.

(Ord. 26, 12/20/1982,$?.07)

0 5208. INSPECTION AND RENOVATION

During the construction period, the Building Official or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Township laws and ordinances or that there has not been a false statement or misrepresentation by any applicant. If the inspection determines that there has been a violation, then the Building Official shall revoke the building permit and report such fact to the Board of Township Supervisors for whatever action it considers necessary.

(Ord. 26, 12/20/1982, 52.08)

5209. FEES.

Applications for a building permit shall be accompanied by a fee, in an amount as established, from time to time, by resolution of the Board of Supervisors and payable to the Township.

I (Ord. 26,12/20/1982,52.09; as amended by A.O.

5210. ENFORCEMENT AND REMEDIES. e 8-7

FLOODPLAINS

1. Notices. Whenever the Building Official or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this Chapter or of any regulation adopted pursuant thereto, such authority shall give notice of such alleged violation as hereinafter provided. Such notice shall:

A. Beinwriting.

8.

C.

D.

Include a statement of the reasons for its issuance.

M o w a reasonable time for the performance of any act it requires.

Be served upon the property owner or his agent as the case m a y require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this State.

Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Chapter, or any part thereof, and with the regulations adopted pursuant thereto.

E.

2. Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Chapter or of any regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Board of Township Supervisors; provided, that such person shall file with the Township Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and the permit suspension. Upon receipt of such petition the Township Secretary shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed; provided, that upon application of the petitioner the Township Secretary may postpone the date of the hearing for a reasonable time beyond such ten (10) day period when, in his judgment, the petitioner has submitted good and sufficient reason for such postponement.

Findines and Order. After such hearing the Board of Township Supervisors shall make findings as to compliance with the provisions of this Chapter and regplations issued thereunder and shall issue an order, in writing, sustaining, modifymg or withdrawing the notice which shall be served as provided in subsection ( I ) of this Section.

Record of Hearing. The proceedings at such a hearing, including the findings and decision of the Board of Township Supervisors and together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the Township but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this Section.

3.

4.

8-8

(8, PART 2)






B.

C.

D.

(Ord. 26,12/20/1982,52.10; as amended by A.O.

9211. APPEALS.

1. Any person aggrieved by an action or decision of the Building Official, or by any of the requirements of this Chapter, may appeal to the Board of Township Supervisors. Such appeal must be filed, in writing, within thirty (30) days after the decision or action of the Building Official. Upon receipt of such appeal, the Board of Township Supervisors shall set a time and place, within not less than ten (10) days not more than thirty (30) days, for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard.

Any person aggrieved by any decision of the board of Township Supervisors may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this Commonwealth.

2.

8-9

(8, PART 3)

PART 3

EXISTING STRUCTURES IN IDENTIFIED FLOOD-PRONE AREAS

5301. GENERAL.

Structures existing in any identified flood-prone area prior to the enactment of this Chapter, but which are not in compliance with these provisions, may continue to remain subject to the following:

A. Any modification, alteration, reconstruction or improvement of any kind to an existing structure to an extent or amount of fifty (50) percent or more of its market value shall be prohibited.

(Ord. 26, 12/20/1982, g3.01)

8-11

(8, PART 4)

PART 4

VARIANCES

5401. GENERAL.

1. If compliance with any of the requirements of this Chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the Board of Township Supervisors may, upon request, grant relief from the strict application of the requirement.

If a variance is granted, all construction and development shall be undertaken in strict compliance with the elevation, floodproofing, anchoring and other appropriate requirements of 560,3(a) and (b) of the National Flood Insurance Program.

2.

(Ord. 26,12/20/1982, 54.01)

5402. VARIANCE PROCEDURES AND CONDITIONS.

1. Requests for variances shall be considered by the Board of Township Supervisors in accordance with the procedures contained in g211 and the following:

A. Notwithstanding the provisions of this Part, no variance shall be granted for the following obstructions and activities if located entirely or partially within an identified floodplain area:

Hospitals (public or private)

Nursing homes (public or private)

Jails or prisons.

New mobile home parks and mobile home subdivisions and substantial improvements to existing mobile home parks.

Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than five hundred fifty (550) gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises:

(a) Acetone.

@) Ammonia.

(c) Benzene.

8-13

FLOODPLAINS

B.

C.

D.

E.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric add and oxides of nitrogen.

Petroleum products (gasoline, fuel oil, etc.)

Phosphorus.

Potassium.

Sodium.

Sulphur and sulphur products.

Pesticides (including insecticides, fungicides and rodenticides).

Radioactive substances, insofar as such substances are not otherwise regulated.

If granted, a variance shall involve only the least modification necessary to provide relief.

In granting any variance, the Board of Township Supervisors shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objectives of this Chapter.

Whenever a variance is granted, the Board of Township Supervisors shall notify the applicant in writing that:

(1) The granting of the variance may result in increased premium rates for flood insurance.

Such variances may increase the risks to life and property. (2)

In reviewing any request for a variance the Board of Township Supervisors shall consider, at a minimum, the following:

8-14

(8, PART 4)

(1)

(2)

There is good and sufficient cause.

Failure to grant the variance would result in exceptional hardship to the applicant.

The granting of the variance will:

(a)

(3)

Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense.

Nor create nuisances, cause fraud or victimize the public or conflict with any other applicable State or local ordinances and regulations.

A complete record of all variance requests arid related actions shall be maintained by the Board of Township Supervisors. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

(b)

F.

2. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one hundred (100) year flood.

(Ord. 26, 12/20/1982, s4.02)

8-15

(8, PART 5)

PART 5

DEFINITIONS

5501. GENERAL.

Unless specifically defined below, words and phrases used in this Part shall be interpreted so as to give this Chapter its most reasonable application.

(Ord. 26,12/20/1982,55.01)

5502. SPECIFIC DEFINITIONS.

BOARD OF TOWNSHIP SUPERVISORS - governing body of Hubley Township.

BUILDING - a combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers to be used for human habitation.

CONSTRUCTION - the construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure including the placement of mobile homes.

DEVELOPMENT - any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, the subdivision of land, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations.

FLOOD- a temporary inundation of normally dry land areas.

FLOODPLAIN AREA - a relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and repaid accumulation of surface waters from any source.

MOBILE HOME - a transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one (1) or more sections, built on a permanent chassis which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used with or without a permanent foundation. The term does not include recreational vehicles or travel trailers.

MOBILE HOME PARK - a parcel of land under single ownership which has been planned and improved for the placement of two (2) or more mobile homes for nontransient use.

ONE HUNDRED (100) YEAR FLOOD - a flood that, on the average, is likely to occur once every one hundred (100) years (Le. that has a one (1) percent chance of occurring each year although the flood may occur in any year.)

0

8-17

FLOODPLAINS

PERSON - any person, persons, partnership, business or corporation.

STRUCTURE - anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, mobile homes and other similar items.

SUBDIVISION - the division or redivision of a lot, tract or parcel of land by any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or huture, of lease, transfer of ownership or building or lot improvement. The division of land for agricultural purposes into parcels of more than ten (10) acres not involving any new street or easement of access shall be exemp ted.

TOWNSHIP - Hubley Township located in Schuylkill County, Pennsylvania.

(Ord. 26, 12/20/1982, 55.02)

8-18

CHAPTER 9

GRADING AND EXCAVATING


9-1

CHAPTER 10

HEALTH AND SAFETY

PART 1

TRANSPORTING OF COAL AND CULM

5101. Truckbeds to be Covered 5102. Use of Streets Prohibited 5103. Enforcement and Remedies

PART 2

STORAGE OF MOTOR VEHICLES NUISANCES

5201. Definitions 5202. Motor Vehicle Nuisances Prohibited g203. Storage of Motor Vehicle Nuisances Permitted 5204. Inspection of Premises; Notice to Comply 5205. Authority to Remedy Noncompliance 5206. Hearing

5208. Remedies not Mutually Exclusive 5207. Enforcement and Remedies

10-1

(10, PART 1)

PART 1

TRANSPORTING OF COAL AND CULM

5101. TRUCKBEDS TO BE COVERED.

From and after the adoption of this Part all motor trucks are prohibited from hauling fine coal and culm, rocks, soil or any other material or from discharging water or other materials causing a hazard to motorists or the traveling public on and upon the streets and highways of the Township of Hubley unless the said trucks are provided with a cover to prevent the contents of the same from being shaken, dripping, falling or blown therefrom.

2/-/1972,§1; as amended by A.O.

5102. USE OF STREETS PROHIBITED.

All trucks containing fine coal and culm and discharging water therefrom are prohibited from the use of streets of the Township of Hubley.

2/-/1971,§2)

9103. ENFORCEMENT AND REMEDIES. 0 1. Enforcement Notice.

A. If it appears to the Township that a violation of this Part has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this Section.



(1)

B.

C.

The name of the violator and, if applicable, the owner of record and any other person against whom the Township intends to take action.


The specific violation with a description of the requirements which have not been met, ating in each instance the applicable provisions of this Part.


(2)

(3)

(4)

10-3

HEALTH AND SAFETY

(5) That the recipient of the notice has the right to appeal to the Board of Supervisors within a period of 10 days.


(6)


A. Any person, partnership or coxporation who or which has violated or permitted the violation of the provisions of this Part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of ii violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the .applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this Part to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.




B.

C.

D.

a 2/-/1971,9; as amended by A . 0

10-4

(10, PART 2)

PART 2

STORAGE OF MOTOR VEHICLE NUISANCES

5201. DEFINITIONS.

As used in this Part the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:

LESSEE - owner for the purpose of this Part when the lessor holds the lessee responsible for maintenance and repairs.

MOTOR VEHICLE - any type of mechanical device, propelled by a motor, in which persons or property may be transported upon public streets or highways, and including trailers or semi-trailers pulled thereby.

NUISANCE - any condition, structure or improvement which shall constitute a danger or potential danger to the health, safety or welfare of the citizens of the Township.

OWNER - the actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association or corporation.

PERSON - a natural person, firm, partnership, association, corporation or other legal entity.

In this Part, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

(A.O.

5202. MOTOR VEHICLE NUISANCES PROHIBITED.

It shall be unlawful for any person, owner or lessee to maintain a motor vehicle nuisance upon the open private grounds of such person, owner or lessee within the Township. A motor vehicle nuisance shall include any motor vehicle which is unable to move under its own power and has any of the following physical defects:

A.

B.

C.

D.

E.

Broken windshields, mirrors or other glass, with sharp edges.

One or more flat or open tires or tubes which could permit vermin harborage.

Missing doors, windows, hood, trunk or other body parts which could permit animal harborage.

Any body parts with sharp edges including holes resulting from rust.

Missing tires resulting in unsafe suspension of the motor vehicle.

10-5

HEALTH AND SAFETY

E.

G.

H.

I.

J.

K.

L.

M.

N.

0.

P.

Q.

R.

S.

T.

(A.O.

Upholstery which is tom or open which could permit animal andior vermin harborage.

Broken head-lamps or tail-lamps with sharp edges.

Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion of loose in or on the vehicle.

Protruding sharp objects from the chassis.

Broken vehicle frame suspended from the ground in an unstable manner.

Leaking or damaged oil pan or gas tank which could cause fire or explosion.

Exposed battery containing acid.

Inoperable locking mechanism for doors or trunk.

Open or damaged floor boards including trunk and fire-wall.

Damaged bumpers pulled away from the perimeter of vehicle.

Broken grill with protruding edges.

Loose or damaged metal trim and clips.

Broken communication equipment antennae.

Suspended on unstable supports.

Such other defects which could threaten the health, safety and welfare of the citizens of the Township.

5202. STORAGE OF MOTOR VEHICLE NUISANCES PERMITTED.

1. Any person, owner or lessee who has one or more motor vehicle nuisances as defined in 9202 above may store such vehicle(s) in the Township only in strict compliance with the regulations provided herein. Such person, owner or lessee must, first, apply for a permit for either temporary or permanent storage and pay a fee to the Township pursuant to a resolution of the Board of Supervisors. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or, outside within a opaque fence at least six feet (6) feet high which is locked at all times when unattended.

With the special approval of the Board of Supervisors motor vehicle nuisances may also be stored outside in an area enclosed by a chain link fence, at least six feet (6) high, screened by shrubbery around the perimeter to the height of the fence, with an

2.

10-6

(10, PART 2)

unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, all gas and oil or other flammable liquid shall be removed from the motor vehicle and it shall be kept free of vermin infestation while being stored. The total area of storage of motor vehicle nuisances may not exceed 400 square feet. In addition, motor vehicle nuisances may be stored on the property of the owner thereof if the storage is naturally buffered such that the storage is not visible from adjacent properties.

3. Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of the Township Zoning Ordinance [Chapter 271.

(A.O.

5204. INSPECTION OF PREMISES; NOTICE TO COMPLY.

1. The Board of Supervisors, or their designee, is hereby empowered to inspect private property on which motor vehicles are stored to determine if thee is compliance with the provisions of this Part. If noncompliance with the provisions of this Part constitutes a nuisance, or if any condition, structure, or improvement poses a threat to the health, safety or welfare of the public, they shall issue a written notice to be served by registered or certified mail upon the owner of said premises, or, if the owner’s whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.

Said notice shall specify the condition or structure or improvement complained of, and shall require the owner to commence to remove or otherwise rectify the condition or structure or improvement as set forth therein within ten (10) days of mailing or posting of said notice,and thereafter, to fully comply with the requirements of the notice within a reasonable time.

2.

(A.O.

5205. AUTHORITY TO REMEDY NONCOMPLIANCE.

If the owner of grounds on which motor vehicles are stored does not comply with the notice to abate the nuisance, within the time limit prescribed, the Township shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus ten percent (10) of all costs. The Township, in such event and pursuant to its statutory or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing.

(A.O.

5206. HEARING.

10-7

HEALTH AND SAFETY

1. Any person aggrieved by the decision of the Board of Supervisors, or their designee, may request and shall then be granted a hearing before the Board of Supervisors; provided, he files with the Board of Supervisors within ten (10) days after notice of the Board of Supervisors’ decision, a written petition requesting such hearing .and setting forth a brief statement of the grounds therefor. The hearing shall commence not later than thirty (30) days after the date on which the petition was filed unless postponed for sufficient cause.

After such hearing, the Board of Supervisors shall sustain, modify or overrule the action.

2.

(A.O.


1. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $1,000 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed.. levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this Pari to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.



2.

3.

4. District justices shall have initial jurisdiction over proceedings brought under this Section.

(A.O.

5208. REMEDIES NOT MUTUALLY EXCLUSIVE.

10-8

(10, PART 2)

The remedies provided herein for the enforcement of this Part, or any remedy provided by law, shall be deemed mutually exclusive; rather they may be employed simultaneously or consecutively, at the option of the Board of Supervisors.

(A.O.

' e 10-9

CHAPTER 11

HOUSING

PART 1

OPEN HOUSING

5101. Title 5102. Definitions 5103. Prohibition of Discriminatory Pratices

11-1

(11, PART 1)

PART 1

COMMERCIAL HOUSING

5101. TITLE.

The Township of Hubley, County of Schuylkill, State of Pennsylvania, ordains that this Part shall be known as the "Hubley Township Open Housing Ordinance."

(Ord. 28,2/7/1983,§1)

5102. DEFINITIONS.

COMMERCIAL HOUSING - housing accommodations held or offered for sale or rent by a real estate broker, salesman or agency or by any other person pursuant to authorization of the owner, by the owner himself or by a legal representative but shall not include any personal residence offered for rent by the owner or lessee thereof or by a broker, salesman, agent or employee.

HOUSING ACCOMMODATIONS - A. Any building or structure or portion thereto which is used or occupied or is

intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one (1) or more individuals, groups or families whether or not living independently of each other.

Any vacant land offered for sale or lease for commercial housing.

PERSON - includes one (1) or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees in bankruptcy or receivers. It also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, agent, employer, lending institution and all political subdivisions, authorities, boards and commissions.

PERSONAL RESIDENCE - a building or structure containing living quarters occupied or intended to be occupied by no more than two (2) individuals, two (2) groups or families living independently of each other and used by the owner or lessee thereof as a bona fide residence.

(Ord. 28,2/7/1983,53)

B.

5103. PROHIBITION OF DISCRIMINATORY PRACTICES.

It shall be unlawful discriminatory practice for any persons to:

A. Refuse to sell, lease, finance or otherwise to deny or withhold commercial housing from any person because of race, color, religious creed, ancestry, sex or

11-3

HOUSING

national origin of any prospective owner, occupant or user of such cornmercial housing or to any person due to use of a guide dog because of the blindness of the user.

8. Refuse to lend money, whether or not secured by mortgage or otherwi:,e for the acquisition, construction, rehabilitation, repair or maintenance of cornmercial housing from any person because of the race, color, religious creed, ancestry, sex or national origin of any present or prospective owner, occupant or user of such commercial housing.

Discriminate against any person in the terms or conditions of selling or leasing of any commercial housing or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any commercial housing because of race, color, religious creed, ancestry, sex or national origin of any present or prospective owner, occupant or user of such commeraal housing or to discriminate against any person in terms of leasing any commercial housing or in furnishing facilities, services or privileges in connection with the occupancy or use of any commercial housing due to use of guide dog because of the blindness of the user.

Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing because of the race, color, religious creed, ancestry, sex or national origin of any present or prospective owner, occupant or user of such commercial housing.

Print, publish or circulate any statement or advertisement relating to the sale, lease or acquisition of any commercial housing or the loan of money, whether or not secured by mortgage, or otherwise for the acquisition, construction, rehabilitation, repair or maintenance specification or discrimination based upon race, color, religious creed, ancestry, sex or national origin or to print, publish or circulate any statement or advertisement relating to the lease of any commercial dwelling which indicates any preference, limitation, specification or discrimination based upon use of a guide dog because of the blindness of the user.

C.

D.

E.

Cord. 28, 2/7/1983,54)

11-4

CHAPTER 12

LIBRARIES


12-1

CHAPTER 13

LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS 0 PART 1

TRANSIENT RETAIL MERCHANTS

g01. Definitions 902. License Required; Conditions of Issuance; Fee 5103. Exceptions 3104. License Applications 5105. Issuance of License; Custody, Display and Exhibit g106. Prohibited Acts s107. Supervision; Records and Reports SlOS. Denial, Suspension and Revocation of License; Appeal 5109. Enforcement and Remedies

13-3

(13, PART 1)

PART 1

TRANSIENT RETAIL MERCHANTS

5101. DEFINITIONS.

As used in this Part, the following terms shall have the meanings indicated, unless a different meaning dearly appears from the context:

LEGAL HOLIDAY - New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.

PERSON - any natural person, partnership, association, corporation, or other legal entity.

TRANSIENT RETAIL BUSINESS -

(1) Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley, sidewalk or public ground, or from house to house, within the Township; or

Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location with the Township, on a temporary basis, which shall include, but not be limited to, such activities conducted at the time of special occasions or celebrations for seasonal purposes, or for yearly holidays.

(2)

The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.

(A.O.

5102. LICENSE REQUIRED; CONDITIONS OF ISSUANCE; FEE.

No person shall engage in any transient retail business within the Township without first having obtained from the Secretary a license, for which a fee, which shall be for the use of the Township, shall be charged, said fee to be in such amount as established, from time to time, by resolution of the Board of Supervisors.

(A.0

5103. EXCEPTIONS.

1. No license shall be charged:

A. To farmers selling their own produce.

13-3

LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS

B. For the sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.

To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.

To children under the age of eighteen (18) years who take orders for and deliver newspapers, greeting cards, candy, bakery products and the like, or who represent the Boy Scouts or Girl Scouts or similar organizations.

To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.

To a person who has complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. g162.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.

For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of business.

C.

D.

E.

F.

G.

2. But all persons exempted hereby from the payment of the license fee shall be required to register with the Secretary and obtain a license without fee; provided, any person dealing in one (1) or more of the above mentioned exempted categories, and dealing with other goods, wares, or merchandise not so exempted, shall be subject to the payment of the license fee fixed by this Section for his activities in connection with the sale of goods, wares and merchandise not in such exempted categories. Provided, further, the 9cretary may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares or merchandise for the sole benefit of a nonprofit corporation. Provided, further, every license issued under the provisions of this Part shall be issued on an individual basis to any person or persons engaging in such business; every individual shall obtain a separate license, issued to him in his name, and the license fee hereby imposed shall be applicable to every such individual license, except that a representative of a charitable organization may obtain licenses for the applicants.

(A.O.

5104. LICENSE APPLICATION.

Every person desiring a license under this Part shall first make application to the Secretary for such license. He shall, when making such application, exhibit a valid license from any State or county officer, if such license is also required. The applicant shall state:

A.

B.

His criminal record, if any.

Name and address of the person by whom he is employed.

13-4

(13, PART 1)

C. Type of goods, wares, and merchandise he wishes to deal with in such transient retail business.

Length of time for which license is to be issued. D.

E. Type and license number of the vehicle to be used, if any.

(A.O.

5105. ISSUANCE OF LICENSE; CUSTODY, DISPLAY AND EXHIBIT.

Upon receipt of such application and the prescribed fee, the Secretary, if he shall find such application in order, shall issue the license required under this Part. Such license shall contain the information required to be given on the application therefor. Every license holder shall cany such license upon his person if engaged in transient retail business from house to house or upon any of the streets, alleys, sidewalks or public grounds, or shall display such license at the location where he shall engage in such business if doing so at a fixed location. He shall exhibit such license, upon request, to all police officers, municipal officials, and citizens or residents of the Township.

(A.O.

5106. PROHIBITED ACTS.

No person in any transient retail business shall:

A.

8.

C.

D.

E.

Sell any product or type of product not mentioned in his license.

Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the Township.

When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Township for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity.

Park a vehicle upon any of the streets or alleys in the Township for the purpose of sorting, rearranging or cleaning any of his goods, wares, or merchandise or of disposing of any carton, wrapping material, or stock, wares or foodstuffs which have become unsalable through handling, age or otherwise.

Engage in any business activity, except by prior appointment, at any time on a sunday or legal holiday or at any time before 8:OO a.m. or after 9:OO p.m. on any day of the week other than a Sunday or legal holiday.

(A.O.

13-5

LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS

5107. SUPERVISION; RECORDS AND REPORTS.

The Secretary shall supervise the activities of all persons holding licenses under this Part. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Board of Supervisors.

(A.O.

5108. DENIAL, SUSPENSION AND REVOCATION OF LICENSE; APPEAL.

The Secretary is hereby authorized to deny, suspend or revoke any license issued under this Part when he deems such denial, suspension or revocation to be beneficial to the public health, safety or morals, or for violation of any provision of this Part, or for giving false information upon any application for a license hereunder. Appeals from any suspension, revocation or denial of a license may be made to the Board of Supervisors at any time within ten (10) days after such suspension, revocation or denial and a hearing shall be held within thirty (30) days of the petition for appeal. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.

(A.0

§lOS. ENFORCEMENT AND REMEDIES.





B.

C.





13-6

(13, PART 1)



(6)


A. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this Part to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.




8.

C.

D.

(A.O.

13-7

CHAPTER 14

MOBILE HOMES AND MOBILE HOME PARKS


CHAPTER 15

MOTOR VEHICLES AND TRAFFIC

PART 1

TRAFFIC REGULATIONS

SlOl. Maximum Speed Limits Established on Certain Streets

15-1

(15, PART 1)

Street Between

Township Road T-450 SR 0025 and LR 53028

PART 1

TRAFFIC REGUALTIONS

Maximum Speed Limit

25 mph

5101. MAXIMUM SPEED LIMITS ESTABLISHED ON CERTAIN STREETS.

1. Maximum speed limits are established on portions of specified streets, as follows, and it shall be unlawful for any person to drive a vehicle, on any part of a street where a maximum speed limit applies, at a higher speed than the maximum prescribed for that past of the street

2. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $35.00. Any person exceeding the maximum speed limit by more than 5 miles per hour shall pay an additional fine of $2 per mile for each mile in excess of 5 miles per hour over the maximum speed limit.

(A.O.

15-3

CHAPTER 16

PARKS AND RECREATION


16-1

CHAPTER 17

PLANNED RESIDENTIAL DEVELOPMENT


17-1

CHAPTER 18

SEWERS AND SEWAGE DISPOSAL

PART 1

PERMITS

5101. Permit Required 9102. Fees 5103. Maintenance of Fees 5104. Enforcement and Remedies

18-1

(18, PART 1)

PART I

PERMITS

5101. PERMIT REQUIRED.

No person, association, corporation, partnership, firm or any legal entity shall install an individual or community sewage disposal system or construct any building in the Township of Hubley, !3chuylkill County, Pennsylvania, in which an individual sewage disposal system is to be installed or make any repairs to any sewage disposal system, without first obtaining a permit indicating that the site, plans and specifications of such system are in compliance with Act No. 537, known as the Pennsylvania Sewage Facilities Act, its supplements and amendments, and the rules and regulations adopted pursuant to said Act 537, its supplements and amendments.

(Ord. 15,4/3/1978, §l)

5102. FEES.

The Township Supervisors of Hubley Township shall, by resolution, provide for and adopt a schedule of fees payable to the Township of Hubley and paid to the Township Enforce- ment Officer for applications, permits, licenses and approvals required by the said Pennsylvania Sewage Facilities Act, as amended and supplemented, as follows:

A. A fee, as established by said resolution, payable at the time of making application for a single-family dwelling unit with conventional sewage disposal system.

A fee, as established by said resolution, payable at the time of making application for any sewage disposal system other than a single-family dwelling unit. In the event that the actual cost to the Township shall exceed the fee paid by the applicant, then the applicant shall promptly pay such excess cost to the Township.

A fee, as established by said resolution, payable at the time of making application for repairs to any sewage disposal system.

0

B.

C.

(Ord. 15,4/3/1978,§2)

5103. MAINTENANCE OF FEES.

The current schedule of fees adopted by the Supervisors of Hubley Township shall be maintained at all times at the office of the Township.

(Ord. 15, 4/3/1978,§3)

18-3

SEWERS AND SEWAGE DISPOSAL






B.

C.








A. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $1,000 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this Part to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation

18-4

(18, PART 1)

by the district justice and thereafter each day that a violation continues shall constitute a separate violation.




B.

C.

D.

(Ord. 15,4/3/1978,§4; as amended by A.O.

18-5

CHAPTER 19

SIGNS AND BILLBOARDS

(See ” Zoning,” Chapter 27)

19-1

CHAPTER 20

SOLID WASTE


20-1

CHAPTER 21


PART 1

CONSTRUCTION PERMITS

5101. Permit Requirements 5102. Applications 5103. Issuance 5104. Permit Fees 5105. Bonding Requirements 5106. Conditional Approval 5107. Strict Compliance 5108. Final Inspection 9109. Appeals 5110. Enforcement and Remedies

PART 2

STREET EXCAVATIONS AND OPENINGS

5201. 5202. $203. 5204. $205. $206. 5207. 5208. 5209.

5210.

$!11.

5212. 5213. $214.

5215. 5216. 5217. 5218. (I) 5219.

Definitions and Interpretation Permit Required to Make Opening or Excavation Application for Permit Permit Fee Issuance of Permits Restricted Information Contained on Permit Permit Approval/Disapproval Responsibility to Contact Utilities Refilling of Opening or Excavation; Restoration of Surface; Responsibility for Defects Occurring Within Two (2) Years Responsibility of Permit Holder for Certain Work; Right of Township to Do Certain Work; Charges Therefor Requirements for Work; Correction of Unsatisfactory Work; Completion of Incomplete Work Emergency Openings Restrictions Regarding Trees and Shrubbery Work Necessitating Opening or Excavation to be Done Prior to Street Improvement and Not Until Five (5) Years Thereafter; Exception Permittee Responsibilities for Future Relocation of work Conditions for Laying and Extending Utility Lines Bond Required Payment for Work Done by Township Enforcement and Remedies

21-3

(21, PART 1)

PART 1

CONSTRUCTION PERMITS

5101. PERMIT REQUIREMENTS.

No person, firm or corporation shall grade, construct, install or erect a drain, culvert, footwalk, drive or driveway or other means of ingress or egress onto or along a Township road unless or until the Township has granted him a permit for such grading constructing, installment and/or erection.

(Ord. 33, 3/6/1989,§1)

9102. APPLICATIONS.

Application for such permit shall be made by the owner or occupier of said land to the Road Master on forms provided by the Township in accordance with this Part. Each application shall contain a drawing or plan showing the outline of the property together with the existing improvements thereon, existing drains, culverts, footwalks, drives and driveways, together with the proposed drain, culvert, footwalk, drain or driveway or other means of ingress or egress in relation to the Township road in question.

(Ord. 33,3/6/1989,92)

5103. ISSUANCE.

The Road Master shall have sole authority and responsibility to approve applications for and to issue road access and occupancy permits. Where a permit application meets the requirements set forth in 941.1 & s e ~ ~ . of Title 67 of the Pennsylvania Code, 67 Pa. Code 9441.1 & s e ~ ~ . , relating to access to and occupancy of State highways, said application shall be approved by the Road Master.

(Ord. 33, 3/6/1989,53)

5104. PERMIT FEES.

The Board of Supervisors shall from time to time establish by resolution a schedule of fees to be paid by an owner or occupier of land for the permit required under this Part. The fees may differentiate between high volume driveways which shall include driveways whose use is expected to be seven hundred fifty (750) or more vehicles per day and other accessways.

((3rd. 33,3/6/1989; as amended by Ord. 34,11/6/1989,51)

5105. BONDING REQUIREMENTS.

21-3


In the case of grading, construction, installation or erection expected to cost in excess of five hundred dollars ($500.00), no grading, construction, installment or erection of the occupancy or access shall begin until the permittee has posted a bond not less than oni: hundred twenty-five (125) percent of the costs of said grading, construction, installment or erection as estimated by the Road Master or an equivalent performance bond.

( a d . 33,3/6/1989,55)

5106. CONDITIONAL APPROVAL.

The Road Master may alter the plans filed with the application, specifymg any changes and modifications of any kind which may be necessary and to make his approval of the granting of any such permit subject to any such alterations, changes or modifications.

(Ord. 33, 3/6/1989, fj6)

5107. STRICT COMPLIANCE.

All grading, construction, installation and erection shall be in strict compliance with the plans and specifications on the basis of which the permit is granted. Any alteration or deviation from the approved plan on which the permit is granted shall be cause for the Toivnship to revoke the permit without refund of the issuance fee.

(Ord. 33, 3/6/1989,57)

5108. FINAL INSPECTION.

Upon completion of the work authorized by the permit, the Road Master shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. Where any settlement or defect in the work occurs and the permittee fails to rectify any such settlement or defect within sixty (60) days after written notice from the Township to do so, the Township may itself perform such work and seek a recovery of the cost thereof from the permittee in question.

(Ord. 33,3/6/1989,58)

5109. APPEALS.

Where an application has been denied or only conditional approval granted by the Road Master, the permit applicant shall have thirty (30) days in which to appeal said decision of the Road Master and to request a full hearing on his application before the Board of Supervisors, which hearing shall be promptly scheduled by the Board.

(Ord. 33,3/6/1989,§9)

21-4

(21, PART 1)






B.

C.








A. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $1,000 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this Part to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation

21-5


by the district justice and thereafter each day that a violation continues shall constitute a separate violation.


Nothing contained in this Section shall be construed or interpreted ta grant to any person or entity other than the Township the right to commence ;my action for enforcement pursuant to this Section.

B.

C.

D. District justices shall have initial jurisdiction over proceedings brought under this Section.

(Ord. 33,3/6/1989,§10; as amended by A.O.

21-6

(21, PART 2)

PART 2

STREET EXCAVATIONS AND OPENINGS

9201. DEFINITIONS AND INTERPRETATION.

1. The following words, when used in this Part, shall have the meanings ascribed to them in this Section, except in those instances where the context clearly indicates otherwise:

EXCAVATION - any activity within the right-of-way of any street, alley or cartway which involves cutting, breaking or disturbing the surface thereof. In this Part the term "opening" shall have essentially the same meaning as excavation.

STREET - any public street, avenue, road, square, alley, highway or other public place located in the Township and established for the use of vehicles, but shall not include State highways.

PERSON - any natural person, partnership, firm, association, corporation or municipal authority.

In this Part the singular shall include the plural and the masculine shall include the feminine and the neuter.

a 9/3/1974; as revised by A.O.

2.

5202. PERMIT REQUIRED TO MAKE OPENING OR EXCAVATION.

It shall be unlawful for any person to open or to make any excavation of any kind in any of the streets in the Township without first securing a permit therefor, as hereinafter provided.


5203. APPLICATION FOR PERMIT.

Any person who shall desire to make any opening or excavation in any of the streets in the Township shall make application to the Secretary in writing for that purpose. Such application shall be made upon blanks to be furnished by the Township and shall set forth the name of the applicant, the exact location of the proposed opening or excavation, and the approximate size or depth thereof, and shall contain an agreement on the part of the applicant that the work shall be done in full compliance with the ordinances of the Township and the laws of the Commonwealth in relation thereto, and that the applicant shall well and truly save, defend and keep harmless the Township from and indemnify it against any and all actions, suits, demands, payments, costs and charges for or by reason of the proposed opening or excavation, and all damages to persons or property resulting in any manner therefrom, or occurring in the prosecution of the work connected therewith, or from any other matter, cause or thing relating thereto.

21-7



5204. PERMITFEE.

Before any permit shall be issued to open or excavate any street in the Township the applicant shall pay a permit fee in the amount fixed according to a schedule established pursuant to resolution. When application shall be made to open or excavate any longitudinal opening or excavation in excess of ten feet (lo), before any permit shall be issued so to open or excavate, the applicant shall pay, in addition to such minimum fee, an additional fee at the rate, for each one hundred feet (100) or fraction thereof to be opened or excavated upon such street, pursuant to the fee schedule.


5205. ISSUANCE OF PERMITS RESTRICTED.

Permits shall be issued onlv to uersons furnishine Dublic utilitv services or the owner or " I

owners of the real proper$ adjiining the location where such opening or excavation is to be made.


5206. INFORMATION CONTAINED ON PERMIT.

Any permit issued hereunder shall specify the exact location where the opening or excavation is to be made, the approximate permitted size or depth thereof and the time within which the work for which the permit is granted to be completed.


5207. PERMIT APPROVALDISAPPROVAL.

A permit may be issued to the applicant after all the requirements therefor have been filed. If the application is disapproved, written notice of disapproval together with reasons therefor shall be given to the applicant.


5208. RESPONSIBILITY TO CONTACT UTILITIES.

The work authorized by the permit is subject to all the provisions of the Act of December 10, 1974, P.L. 852, No. 287, 51 et seq., as amended or supplemented from time to time. It shall be the permittee's responsibility to contact the utilities that have recorded their facilities

21-8

(21, PART 2)

in compliance with said Act. A partial list of utilities providing services in the Township and their office addresses may be obtained from the County Recorder of Deeds.


5209. REFILLING OF OPENING OR EXCAVATION; RESTORATION OF SURFACE; RESPONSIBILITY FOR DEFECTS OCCURRING WITHIN TWO (2) YEARS.

Any person who shall open or excavate any street in the Township shall thoroughly and completely refill the opening or excavation in such a manner as to prevent any settling thereafter, and shall restore the surface to the same condition as it was before the opening or excavation, and such restoration shall be in accordance with the specifications of the Department of Transportation of the Commonwealth of Pennsylvania which are hereby adopted as specifications of the Township for restoration of surfaces of streets in the Township. As restored, the surface shall conform to the proper grade and be of the same surface covering as the part of the thoroughfare immediately adjoining the opening. If within two (2) years after the restoration of the surface as herein provided, defects shall appear therein resulting from defective backfilling by the applicant, the applicant shall reimburse the Township for the cost of all necessary repairs to the permanent paving.

(Ord9.9/3/1974; as revised by A.O.

5210. RESPONSIBILITY OF PERMIT HOLDER FOR CERTAIN WORK; RIGHT OF TOWNSHIP TO DO CERTAIN WORK; CHARGES THEREFOR.

All other work in connection with openings in any street, including excavation, protection, refilling and temporary paving, shall be done by or for the person to whom or which the permit has been issued at his or its expense, and all such work shall be subject to the provisions of this Part and to the supervision and approval of the designated official, provided that the Secretary may, if he deems it necessary to the proper performance of the work, require that cutting of the surface of streets and the backfilling of all excavations therein shall be done by the Township, in which event the applicant shall pay the actual cost of the work performed by the Township.

(Ord9. 9/3/1974; as revised by A.O.

5211. REQUIREMENTS FOR WORK; CORRECTION OF UNSATISFACTORY WORK; COMPLETION OF INCOMPLETE WORK.

No opening or excavation in any street shall extend from the curb line into the highway a distance greater than one foot (1) beyond the center line of the street before being refilled and the surface of the highway restored to a condition safe and convenient for travel.

1.

2. No more than five hundred feet (500) longitudinally shall be opened in any street at any one time.

21-9


3.

4.

5.

6.

7.

8.

9.

10.

The work of excavation shall be so conducted as not to interfere with the water mains, sewers or their connections with the houses, or any other subsurface lines or constructions, until permission of the proper authorities in connection with such subsurface lines or constructions shall have been obtained.

No tunnelling shall be allowed without the express approval of the Township Secretary or an inspector designated by him, and shall be done only in a method approved by him.

All openings or excavations shall be backfilled promptly with modified 2A :;tones and thoroughly compacted in layers, each of which layers shall not exceed eight inches (8) in depth. Backfilling shall be placed to within ten inches (10) of the surface.

A temporary paving of coldpatch premix, thoroughly bound and compacted, shall be installed flush with the surface of the adjoining paving and maintained for a period of ninety (90) days.

On concrete base streets, such base shall be replaced with concrete and the minimum size of the opening or excavation shall be sixteen (16) square feet.

During the making of any excavation in the street, every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the street in a safe and passable condition both day and night by guards, barriers, lanterns and other devices, and all excavating permits granted hereunder are granted under and subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the Township from any loss in damagers, or otherwise whatsoever, which may or shall be occasioned at any time by the said excavation, or by any leak, explosion or other injury from amy pipe, apparatus, conduit, or any other matter placed in the said excavation.

The applicant shall notify the Township Secretary when the opening or excavation is ready for backfilling before any backfilling done, when backfilling work is completed, when the temporary paving has been installed and when the street has been permanently restored so that inspections may be made.

In the event that any work performed by or for a permit holder shall, in the opinion of the Township Secretary be unsatisfactory and the same shall not be corrected in accordance with his instructions within the time fixed by him, or in the event that the work for which the permit was granted is not completed within the time fixed by the Township Secretary, the Township may proceed to correct such unsatisfactory work or complete any such work not completed, and charge the cost thereof, plus twenty (20) percent to the applicant.


5212. EMERGENCY OPENINGS.

21-10

(21, PART 2)

securing a permit, provided that application for a permit shall be made immediately and not later than the next business day thereafter, and that all other provisions of this Part are fully complied with. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction, or apparatus, the Township Secretary, after such notice as he shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency, and charge the same on the basis of cost plus twenty (20) percent to such owner or person.

a


6213. RESTRICTIONS REGARDING TREES AND SHRUBBERY.

The permission herein granted does not confer upon the permittee or its contractors the right to cut, remove or destroy trees or shrubbery within the'legal right-of-way except under specifications, regulations and conditions as the Township may prescribe.


6214. WORK NECESSITATING OPENING OR EXCAVATION TO BE DONE PRIOR TO STREET IMPROVEMENT AND NOT UNTIL FIVE (5) YEARS THEREAFTER; EXCEPTION.

The Township Secretary shall give timely notice to all persons owning property abutting on any street within the Township about to be paved or improved, and to all public utility companies operating in the Township, and all such persons and utility companies shall make all water, gas or sewer connections, as well as any repairs thereto which would necessitate excavation of the said street within thirty (30) days from the giving of such notice, unless such time is extended in writing for cause shown by the Township Secretary. New paving shall not be opened or excavated for a period of five (5) years after the completion thereof, except in case of emergency, the existence of which emergency and the necessity for the opening or excavating of such paving to be determined by the Township Secretary. If it is sought to excavate upon or open a sewer within five (5) years after the completion of the paving, applicant shall make written application to the Board of Supervisors, and a permit for such opening shall be issued only after express approval of the Board of Supervisors.

a


6215. PERMITTEE RESPONSIBILITIES FOR FUTURE RELOCATION OF WORK.

If at any time in the future the roadway is widened, reconstructed or the alignment or grades are changed, the permittee further agrees to change or relocate all or any part of the structures covered by this permit which interfere with the improvement of the roadway at its own cost and expense.

9/3/1974; as revised by A . 0

21-11


9216. CONDITIONS FOR LAYING AND EXTENDING UTILITY LINES.

No new water, sewer, steam or gas main or electric, telephone or other utility line shall hereafter be laid or constructed, and no such existing main or line shall be extended, in any of the streets of the Township until the plan therefor shall have been first filed with the Township Secretary and such plan, and the exact location of such main or line, approved by him. The Township Secretary shall not approve the locating of any such main or line at a depth of less than thirty inches (30) from the surface of the street unless he shall be convinced that locating the same at a depth of more than tlurty inches (30) from the surface is impossible or impractical.


5217. BOND REQUIRED.

No company, corporation or association shall dig up any street or alley without first giving to the Township a bond with some acceptable trust or surety company as surety in the sum determined by the schedule of fees, conditioned for the faithful performancc: of these provisions and also for any and all damages, claims, demands, suits, costs and counsel fees occasioned or arising from the digging up, opening or closing of said streets and alleys.


9218. PAYMENT FOR WORK DONE BY TOWNSHIP.

Payment for all work done by the Township under the provisions hereof shall be made by the person made liable therefor under the provisions hereof within thirty (30) days after a bill therefor is sent to such person by the Township. Upon failure to pay such charges within such time, the same shall be collectible by the Township by an action in assumpsit or in the manner provided by law for the collection of municipal claims.






B.

21-12

(21, PART 2)

C. An enforcement notice shall state at least the following:





That the recipient of the notice has the right to appeal to the Board of Supervisors within a period of 10 days..







B.

C.

D.

21-13

CHAPTER 22

SUBDIVISION AND LAND DEVELOPMENT

PART 1

PURPOSE, AUTHORITY, TITLE AND JURISDICTION

5101. Purpose 5102. Authority and Title 5103. Jurisdiction

PART 2

DEFINITIONS

5201. General Terms 5202. Specific Terms

PART 3

SUBMISSION PROCEDURES

5301. General 5302. Submission of the Sketch Plan 5303. Review of the Sketch Plan 5304. Submission of the Preliminary Plan 5305. Review of the Preliminary Plan 5306. Submission of the Final Plan 5307. Review of the Final Plan

5308. Completion of Improvements or Guarantee Thereof Prereauisite to Final Plat Approval 9309. Release from Improvement Bond s310. Remedies to Effect Completion of Improvements 5311. Modifications 5312. Recording Plats and Deeds 5313. Effect of Plat Approval on Official Map s314. Exemptions 5315. Plan Exempt from Standard procedures

PART 4

PLAN REQUIREMENTS

5401. Sketch Plans 5402. Preliminary Plans

22-1

5403. Finalplans

PART 5

DESIGN STANDARDS

5501. Application 5502. General Standards 5503. Block Design Standards 5504. Lot Design Standards 5505. Street Design Standards 5506. Sanitary Sewage Disposal 5507. Water Supply and Distribution Systems 5508. Storm Drainage Systems 5509. Underground Utilities and Easements 5510. Environmental Protection and Public Open Space Preservation

PART 6

IMPROVEMENT REQUIREMENTS

5601. General Requirements 5602. Improvements

5603. Completion of Improvements or Guarantee Thereof Prerequisite to Final Plan Approval 3604. Release from Improvement Bond g605. Remedies to Effect Completion of Improvements

PART 7

ADMINISTRATION

5701. Amendments 5702. Appeals

5703. Preventive Remedies s704. Enforcement Remedies 5705. Validity and Conflicts 5706. Fees

PART 8

APPENDICES

22-2

(22, PART 1)

PART 1

PURPOSE, AUTHORITY, TITLE AND JURISDICTION

5101. PURPOSE.

The purpose of this Chapter is to regulate subdivision and land development within the Township Hubley, Schuylkill County, Pennsylvania.

(Ord. 32,9/12/1988, 51.00)

5102. AUTHORITY AND TITLE.

This Chapter is enacted pursuant to the Pennsylvania Municipalities Planning Code and may be cited as the "Hubley Township Subdivision and Land Development Ordinance."

(Ord. 32, 9/12/1988, 51.10)

5103. JURISDICTION.

This Chapter shall apply in the following circumstances:

A. To all subdivision and land development occurring after the effective date of this Chapter.

To all subdivision and land development plans which were previously approved in accordance with any law or regulation applicable at that time, the development of which has not been completed in accordance with the terms of such approval within five (5) years of such approval.

B.

(Ord. 32,9/12/1988, 51.20)

22-3

(22, PART 2)

PART 2

DEFINITIONS

5201. GENERAL TERMS.

For the purpose of these regulations and unless otherwise expressly stated, the following terms shall have the meaning as indicated

A. Words in the singular include the plural and those in the plural include the singular.

Words in the present tense include the future tense.

The words "person," "developer," "subdivider" and "owner" include a corporation, unincorporated association, a partnership or other legal entity, as well as an individual.

The word 'building" includes structure and shall be construed as if followed by the phrase "or part thereof."

The words "should' and "may" are permissive. The words "shall" and "will" are mandatory and directive.

B.

C.

D.

E.

- (Ord. 32, 9/12/1988, 52.01)

I 5202. SPECIFIC TERMS.

Other terms or words used in this Chapter shall be interpreted or defined as follows:

ACCESSORY BUILDING - a building (such as a private garage, private swimming pool and appurtenant bathhouse, private toolhouse or children's playhouse or a noncommercial greenhouse) which is subordinate and accessory to a principal building on the same lot and which is used for purposes customarily incidental to those of the principal building.

APPLICANT - a landowner or developer who has filed an application for development, including his heirs, successors and assigns.

APPLICATION FOR DEVELOPMENT - everv apulication, whether preliminarv, tentative or final required to be filed and auuroved prior to start of construction or development including, but not limited to, an auulication for a building permit, for the auuroval of a subdivision plat or ulan or for the approval of a development plan. [A.O.]

COMMON OPEN SPACE - a parcel or parcels of land or an area of water. or a combination of land and water within a develoument site and desiened and intended

22-5

SUBDMSION AND LAND DEVELOPMENT

for the use or eniovment of residents of a develooment, not including streets, off-street parking areas, and areas set aside for public facilities, [A.O.]

BLOCK - a lot or group of lots or a tract of land bounded by streets, railroad rights-of- way, public parks, watercourses or bodies of water, unsubdivided area, Township boundary lines or any combination of the above.

BUILDING -any structure, including principal or accessory building formed from any combination of materials which is erected in or on the ground and permanently affixed thereto, designed, intended or arranged for the housing, shelter, enclosure or structural support of persons, animals or property of any kind. Structures divided by unpierced masonry division walls extending from the ground to the underside of the roof shall not be deemed to be separate buildings for the purpose of this Chapter.

BUILDING LINE or BUILDING SETBACK LINE -'a line, established by the Zoning Ordinance [Chapter 271, within the lot and defining the minimum distance between any structure or portion thereof to be erected or altered and an adjacent right-of-way or street line.

CARTWAY (ROADWAY or PAVEMENT) - the portion of a street right-of-way, paved or unpaved, intended for vehicular use.

CLEAR SIGHT TRIANGLE - an area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the right-of-way or street lines.

COMMISSION - the Hubley Township Planning Commission.

COMMON OPEN SPACE - a parcel or parcels of land, an area of water or a combination of land and water within a development site which is deed restricted and designed and intended primarily for use of residents of the development, not including streets, off-street parking areas, private yard space and areas set aside for nonresidential and public facilities. Common open space shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved and as are appropriate for recreational use by the residents.

COMPREHENSIVE PLAN - the maps, charts and textual material adopted by the Board of supervisors of Hubley Township in accordance with the Pennsylvania Municipalities Planning Code and designated as a whole and in its several parts, as a comprehensive plan for the continuing development of Hubley Township.

CUT - an excavation. The difference in elevation between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.

22-6

(22, PART 2)

DEVELOPER - anv landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development. [A.O.]

DEVELOPMENT PLAN - the provisions for development includinv a planned residential development, a plat of subdivision, all covenants relatine to use, location and bulk of buildines and other structures, intensitv of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan" when used in this Chapter shall mean the written and maphic materials referred to in this definition. [A.O.]

DWELLING UNIT - a building or portion thereof consisting of one (1) or more rooms arranged for living purposes together with separate cooking and sanitary facilities used or intended to be used by one (1) or more individuals living together and maintaining a common household and accessible from the outdoors either directly or through an entrance hall shared with other dwelling units.

EASEMENT - a public or private right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.

ENGINEER - such person or entity as is authorized and licensed under the laws of the Commonwealth of Pennsylvania to perform the type of services required to be provided under this Chapter.

EROSION - the removal of surface materials by the action of natural elements.

EXCAVATION - any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.

FILL - any act by which earth, sand, gravel, rock or any other similar material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make a fill.

FLOODPLAIN - the area long a natural watercourse which is periodically inundated by water therefrom and identified by the Hubley Township Floodplain Ordinance [Chapter 81 and Map.

GOVERNING BODY - the Board of Supervisors of Hubley Township.

IMPROVEMENTS - those physical additions and changes to the land that may be necessary to produce usable and desirable lots. -

22-7


R W

*- F- e-

{?) a,+. +-

. . . . .

. .

. . .

E.--- . .

LAND DEVELOPMENT - any of the followinv activities:

The improvement of one (1) lot or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving:

A eroup of two (2) or more residential or nonresidential buildings, whether proposed initiallv or cumulativelv, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or,

The division or allocation of land or mace, whether initiallv or cumulativelv, between or among two (2) or more existinv or prospective occupants bv means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features;

A subdivision of land.

"Land development" does not include development which involves:

(aJ

M

The conversion of an existing single familv detached dwellinn or single familv semi-detached dwelling into not more than three (31 residential units, unless such units are intended to be a condominium;

The addition of an accessorv building, including farm building, on a lot or lots subordinate to an existing principal buildinv or

The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used urincipallv as a location for permanent amusement structures

M

&

22-8

(22, PART 2)

or rides. This exclusion shall not applv to newlv acquired acreaze bv an amusement park until initial plans for the expanded area have been approved bv the proper authorities.

[A.O.]

LANDOWNER - the legal or beneficial owner or owners of land, the holders of an option or contract to purchase (whether or not such option or contract is subject to any conditions), a lessee having a remaining term of not less than forty (40) years or any other person having a proprietary interest in the land.

W T :: . . . .

LOT - a desimated parcel, tract or area of land established bv a plat or otherwise as permitted bv law and to be used, developed or built upon as a unit. [A.O.]

LOT AREA - the area contained within the property lines of a lot excluding space within all streets and within all permanent drainage easements but including the areas of all other easements.

MAINTENANCE GUARANTEE - any security which may be accepted by the Board of Supervisors to insure that improvements will be kept in good condition for a period of one (1) year after completion of construction and installation including corporate bonds, escrow agreements and other similar collateral or surety agreements.

MARKER - a metal pipe or pin of at least three-quarters (3/4) of an inch in outside diameter and at least thirty (30) inches in length.

MOBILEHOME - a transportable, single familv dwelling intended for permanent occupancv, contained in one (1) unit or in two (2) or more units designed to be ioined into one (1) integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancv except for minor and incidental unpacking and assemblv operations, and constructed so that it may be used without a permanent foundation. [A.O.]

MOBILEHOME LOT - a parcel of land in a mobilehome park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a sinde mobilehome. [A.O.]

MOBILEHOME PARK - a parcel or contiguous parcels of land which has been so designated and improved that it contains two (2) or more mobilehome lots for the placement thereon of mobilehomes. [A.O.]

MONUMENT - a stone or concrete monument with a flat top of at least four (4) inches in diameter or square. It is recommended that the bottom radius or sides be at least two (2) inches greater than the top to minimize movements caused by frost. The

22-9


monument should contain a copper or brass dowel and be at least thirty (30) inches in length.

MUNICIPAL AUTHORIlY - a bodv politic and corporate created pursuant io the Act of Mav 2, 1945 (P.L. 382, No. 164). known as the "Municipalities Authoritv Act of - 1945." [A.O.]

MUNICIPALITY - the municipal corporation known as the Township 01 Hubley, Schuylkill County, Pennsylvania, and all land therein.

PERFORMANCE GUARANTEE - any security which may be accepted by the Board of Supervisors to guarantee that the proper construction of improvements be made by the developer as a condition for the approval of the plan including corporate bonds, escrow agreements and other similar collateral or surety agreements.

PLAN, FINAL - a complete and exact plan with the seal of a professional engineer affixed thereto and prepared for official recording as required by this Chapter to define property rights, streets and other proposed improvements.

PLAN, PRELIMINARY - a tentative plan, in lesser detail than a final plan, showing proposed streets and lot layouts and such other information as required by this Chapter.

PLAN, RECORD - the copy of the final plan which contains the original signatures of the Hubley Township Planning Commission and which is intended to be recorded with the County Recorder of Deeds.

PLAN, SKETCH - an informal plan indicating salient existing features of the tract and its surroundings and the general layout of the proposed subdivision to be used as a basis for consideration by the Township.

PUBLIC GROUNDS - includes:

(lJ Parks, plavmounds, trails, paths and other recreational areas and other public areas;

Sites for schools, sewave treatment, refuse disposal and other publicly owned or operated facilities; and,

Publicly owned or operated scenic and historic sites.

QJ

a [A.O.]

PUBLIC HEARING - a formal meeting held pursuant to public notice by the Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Chapter. [A.O.]

PUBLIC MEETING - a forum held pursuant to notice under the Act of lune 3,1986 /P.L. 388, No. 84), known as the "Sunshine Act." 53 P.S. 66271 et sea. [A.C).]

22-10

(22, PART 2)

PUBLIC NOTICE - notice published once each week for two (2) successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty (30) davs and the second publication shall not be less than seven (7) davs from the date of the hearing. [A.O.]

RESUBDIVISION - any replatting or resubdivision of land, limited to changes in lot lines on approved final plans or recorded plans as specified in this Chapter. Other replattings shall be considered as constituting a new subdivision of land. (See also "Subdivision.")

RIGHT-OF-WAY - the total width of any land reserved or dedicated as a street or sidewalk.

SANITARY SEWER SYSTEM, CENTRALIZED - a system designed and constructed to collect, centrally treat and dispose of all sewage. This system, commonly referred to as a "package treatment plant," generally serves a single land development or ~ubdivision.

SANITARY SEWAGE DISPOSAL, ONLOT - any structure designed to treat sanitary sewage within the boundaries of an individual lot.

SEDIMENTATION - the process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."

SEPTIC TANK - a watertight receptacle which receives sewage or industrial waste and is designed and constructed to provide for sludge storage, sludge decomposition and to separate solids from the liquids through a period of detention before allowing the liquid to be discharged.

SIGHT DISTANCE - the required length of roadway visible to the driver of a motor vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurements shall be made between a point four and one-half (4 1/2) feet above the centerline of the road surface and a point six (6) inches above the centerline of the road surface.

SLOPE - the face of an embankment, any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per one hundred (100) feet of horizontal distance.

SOIL PERCOLATION TEST - a field test conducted to determine the suitability of the soil for onsite sanitary sewage disposal facilities.

22-11


;- . . .

7-

STREET - includes street, avenue. boulevard, road, highway, freewav. uarkwav, lane, allev, viaduct or any other ways used or intended to be used bv vehicular traffic or pedestrians whether public or private. Classes of streets are as follows:

Arterial are those serving large volumes of comparativelv high-:jueed and long.-distance traffic.

Collector are those which, in addition to giving access to abutting properties, intercept minor roads and provide routes carrving considerable volumes of traffic to communitv facilities and to major traffic routes.

&

@ Minor are those used urimarilv to provide access to abutting properties.

[A.O.]

STREET LINE - the limit of a right-of-way.

STRUCTURE - any manmade object having an ascertainable stationarv location on or in land or water, whether or not affixed to the land. [A.O.]

SUBDIVISION - the division or redivision of a lot, tract or parcel of land bv any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition bv the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lcase of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. [A.O.]

22-12

(22, PART 2)

SUBSTANTIALLY COMPLETED -where in the judgment of the Township engineer, at least ninetv (90%) percent (based on the cost of the required improvements for which financial security was posted pursuant to the requirements of this Chapter) of those improvements required as a condition for final approval have been completed in accordance with the approved plan. so that the project will be able to be used, occupied or operated for its intended use. [A.O.]

SURVEYOR - such person or entity as is authorized and licensed under the laws of the Commonwealth of Pennsylvania to perform the type of services required to be provided under this Chapter.

SWALE - a low lying area of land, either natural or constructed, which gathers or carries surface water runoff.

TOPSOIL - surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris.

WATERCOURSE - a permanent stream, intermittent stream, river, brook, creek, channel or ditch for water whether natural or manmade.

WATER SUPPLY SYSTEM CENTRALIZED - a system designed and constructed to transmit and distribute water from a common source to two (2) or more dwelling units, generally serving a single land development or a subdivision.

WATER SUPPLY SYSTEM, ONLOT - a system for supplying and distributing water to a single dwelling unit from a source located on the same lot.

WATER SURVEY - an inventorv of the source, quantitv, vield and use of groundwater and surface-water resources within the Township. [A.O.]

(Ord. 32, 9/12/1988, g2.10; as amended by A . 0

22-13

(22, PART 3)

PART 3

SUBMISSION PROCEDURES

5301. GENERAL.

The Hubley Township Planning Commission shall, after the effective date of adoption of this Chapter by the Board of Supervisors, review all subdivision and land development plans and shall act as an advisory board to the Township Board of Supervisors who shall approve or disapprove such plans in accordance with the procedures as specified in this Part and in other Parts of this Chapter as well as in accordance with Article V of the Pennsylvania Municipalities Planning Code.

(Ord. 32, 9/12/1988,§3.00)

5302. SUBMISSION OF THE SKETCH PLAN.

1. All proposed subdivisions and land developments, with the exception of those exempt by the procedures established in this Part, shall submit a sketch plan for the purpose of discussion between the Planning Commission and the developer. The submission of a sketch plan shall not constitute an official submission of a subdivision or land development plan to the Planning Commission.

Three (3) copies of the sketch plan as well as an application for review of sketch subdivision plan and all supplementary information as established in Part 4 shall be submitted by the developer to the Township Secretary for distribution.

The Township Secretary shall then in turn distribute the copies of the sketch plan as well as the application for review of sketch subdivision plan and all required supplementary information to the Planning Commission and the Township Zoning Officer for their review and recommendations. One (1) copy of the sketch plan shall be filed in the office of the Township.

2.

3.

(Ord. 32, 9/12/1988, 53.10)

5303. REVIEW OF THE SKETCH PLAN.

1. Following the submission of the sketch plan by the developer to the Township Secretary the sketch plan shall be placed on the agenda of the Planning Commission for review at its next regular meeting, providing the submission of the sketch plan has occurred no less than ten (10) days prior to such scheduled regular Planning Commission meeting.

The Planning Commission shall review the sketch plan to determine its conformance 2. to the standards contained in this Chapter as well as other applicable Township

22-15


ordinances and shall require or recommend to the developer such changes and modifications as it d e e m necessary or advisable in the public interest.

Within six (6) months following the regularly scheduled meeting at which the sketch plan is reviewed by the Planning Commission, the developer or his agent shall submit a preliminary plan application. Failure of the developer or his agent to do so shall require a resubmission of a sketch plan to the Planning Commission.

3.

(ad. 32,9/12/1988,§3.20)

5304. SUBMISSION OF THE PRELIMINARY PLAN.

1. Preliminary plans and all required supplementary information for all proposed subdivisions and land developments shall be submitted to the Township Secretary for distribution.

Upon receipt of the preliminary plan and a completed application for review of preliminary subdivision plan, the Township Secretary shall acknowledge such receipt by the immediate issuance to the developer of a preliminary subdivision plan receipt. The Planning Commission shall also be sent a copy of the plan receipt for their files.

The official submission of a preliminary plan to the Planning Commission shall include:

A.

2.

3.

The submission of three (3) copies of a complete application for review of preliminary subdivision plan.

The submission of nine (9) blue-line or black-line prints on paper of the preliminary plan which shall be in compliance with the provisions of Part 4 of this Chapter.

The submission of three (3) copies of all required supplementary information as established in Part 4.

8.

C.

D. The Township Secretary shall distribute one (1) application, one (1) plan print and one (1) copy of the required supplementary information to the Township Engineer and one (1) application, two (2) plan prints and one (1) copy of the required supplementary information to the Planning Commission for recommendations as to changes, alterations and modifications. The remaining application, plan prints and copy of the required supplementary information shall be distributed to all other regulatory agencies as required.

4. The official submission of a preliminary plan to other review agencies shall include:

A. One (1) plan print of the preliminary plan and one (1) copy of all required supplementary information as established in Part 4 shall be submitted by the Township to both the Pennsylvania Department of Environmental Resources and the Schuylkill County Soil and Water Conservation Service.

22-16

(22, PART 3)

B. The Township shall submit additional prints of the preliminary plan to the respective agencies in each of the following circumstances:

(1) When the property being subdivided or developed abuts a State Legisla- tive Route, one (1) plan print of the preliminary plan shall be submitted to the Pennsylvania Department of Transportation.

When a proposed subdivision or land development is situated in more than one (1) municipality, or located adjacent to another municipality, one (1) plan print of the preliminary plan shall be submitted for each additional or adjacent municipality to the respective municipality.

One (1) copy shall be submitted to the Township’s Sewage Enforcement Officer.

(2)

(3)

(Ord. 32, 9/12/1988, 53.30)

5305. REVIEW OF THE PRELIMINARY PLAN.

1.

0 2.

3.

4.

Following the official submission of the preliminary plan such plan shall be placed on the agenda of the Planning Commission for review at its next regular scheduled meeting, providing the official submission has occurred no less than ten (10) days prior to such scheduled regular meeting.

The preliminary plan shall be reviewed by the Planning Commission to determine its conformance with the standards established in this Chapter and other applicable Township ordinances and shall require or recommend such changes and modifications as it deems necessary.

The Planning Commission shall take no action with respect to the preliminary plan until the written report of the Township Engineer (if required) is received and is considered by the Planning Commission. The Planning Commission must, in all cases take appropriate action within ninety (90) days following the receipt of a preliminary plan from a developer.

Within fifteen (15) days the action taken by the Planning Commission in recommend- ing to the Township Board of Supervisors approving or disapproving the preliminary plan, together with the findings and reasons upon which the action is based, shall be given, in writing to the following:

A.

8.

C.

The Board of Supervisors of Hubley Township.

The Township Engineer (if required.)

The developer or his agent.

22-17


5. The action taken by the Planning Commission shall be noted, together with the date of action and the signature of the Chairman of the Planning Commission on three (3) sets of plans.

(Ord. 32,9/12/1988,53.40)

5306. SUBMISSION OF THE FINAL PLAN.

1. Within twelve (12) months following approval of the preliminary plan by the Township Board of Supervisors a final subdivision or land development plan and all required supplementary information shall be submitted to the Township Secretary for distribution. The Township Board of Supervisors may grant an extension of time upon written request; otherwise, the plan as submitted may be considered as a new preliminary plan.

The final plan as submitted shall conform in all significant respects to the preliminary plan a previously reviewed by the Planning Commission and Supervisors. All changes and modifications as required by the Planning Commission and Supervisors in their review of the preliminary plan shall be incorporated into the final plan. A final plan, which has been modified to reflect any substantial changes that have occurred on the site of the proposed subdivision or in its surroundings since the time of the review of the preliminary plan may be accepted by the Planning Commission and Board of Supervisors.

The submission of a final subdivision or land development plan to County and State agencies shall be required only when the plan departs substantially from the preliminary plan.

The final plan may be submitted in phases in accordance with the regulations established in Part 4. When submitted in phases, each phase shall cover a reasonable portion of the entire proposed subdivision or land development as shown on the preliminary plan as reviewed. In cases where the final subdivision or land development plan is to be submitted in phases over a period of years, the time between submission of applications for final approval of each phase shall be no greater than twelve (12) months.

Upon receipt of the final plan and a completed application for review of final subdivision plan, the Township Secretary shall acknowledge such receipt by the immediate issuance, to the developer, of a final subdivision plan receipt, a copy of which shall be sent to the Township Planning Commission for their files.

The official submission of a final plan to the Planning Commission shall include:

A.

2.

3.

4.

5.

6.

The submission of three (3) copies of a completed application for review of final subdivision plan.

The submission of seven (7) blue-line or black-line prints on paper of the final plan which shall be in compliance with the provisions of Part 4 of this Chapter.

8.

22-18

(22, PART 3)

C. The submission of three (3) copies of all required supplementary information as established in Part 4.

The submission of two (2) copies of all dedication offers as well as covenants governing the reservation and maintenance of undedicated open space, both of which shall bear the certificate of the Township Soliator as to their legal sufficiency.

The Township Secretary shall distribute one (1) copy of the completed application for review of final subdivision plan and one (1) plan print of the of the final plan and one (1) copy of all required supplementary information to the Township Engineer (if required). The Township Secretary shall also distribute one (1) copy of a completed application for the review of final subdivisions plan, two (2) plan prints of the final plan, one (1) copy of all required supplementary information including dedication offers and covenants governing undedicated open space to the Planning Commission. The remaining plan prints of the final plan and other required supplemental information shall be distributed to all other regulatory agencies as required.

D.

E.

7. The official submission of a final plan to other review agencies (as applicable) shall include: one (1) plan print of the final plan which is in compliance with Part 4 of this Chapter shall be submitted by the Township Secretary to both the Pennsylvania Department of Environmental Resources and the Schuylkill County Soil and Water Conservation Service.

(Ord. 32, 9/12/1988, 53.50)

6307. REVIEW OF THE FINAL PLAN.

1. Following the official submission of the final plan such plan shall be placed on the agenda of the Planning Commission for review at its next regular scheduled meeting, providing the official submission has occurred no less than ten (10) days prior to such scheduled regular meeting.

During the final plan review by the Planning Commission the written report of the Township Engineer (if required) shall also be considered. The Planning Commission, in all cases, must act within ninety (90) days after the receipt of a final plan from a developer.

Within fifteen (15) days the action taken by the Planning Commission in recommend- ing to the Board of Supervisors approving or disapproving the final plan, together with the findings and reasons upon which the action is based shall be given in writing to the applicant and the Township Supervisors.

The action taken by the Planning Commission shall be noticed, together with the date of action and the signature of the Chairman and the Secretary of the Planning Commission on three (3) sets of final plans.

2.

3.

4.

22-19


(ad. 32,9/12/1988,§3.60)

COMPLETION OF IMPROVEMENTS OR GUARANTEE THEREOF PREREOUI-

0 SITE TO FINAL PLAT APPROVAL.

22-20

(22, PART 3)

- 1. No plat shall be finallv approved unless the streets on such plat have been improved to a mud-free or otherwise permanentlv passable condition, or improved as may be otherwise required bv this Chapter and any walkways, curbs, mutters, street lights, fire hvdrants, shade trees, water mains, sanitarv sewers, storm sewers and other improvements as may be required bv this Chapter have been installed in accordance with this Chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plat, including improvements or fees otherwise required bv this Chapter, the developer mav deposit with the Township financial securitv in an amount sufficient to cover the costs of such improvements or common amenities including basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen ulantings which may be required.

When requested bv the developer, in order to facilitate financing, the Board of Supervisors, shall furnish the developer with a simed copv of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactorv financial securitv. The final plat or record plan shall not be simed nor recorded until the financial improvements aaeement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial securitv agreement is not executed within ninetv (90) days unless a written extension is granted bv the Board of Supervisors; such extension shall not be unreasonablv withheld and shall be placed in writing at the request of the developer.

Without limitation as to other types of financial securitv which the Township mav approve, which approval shall not be unreasonablv withheld, Federal or Common- wealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this Section.

Such financial securitv shall be posted with a bonding companv or Federal or Commonwealth chartered lending institution chosen by the partv posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the Commonwealth.

Such bond, or other securitv shall provide for, and secure to the public, the completion of any improvements which mav be required on or before the date fixed in the formal action of approval or accompanving ameement for completion of the improvements.

The amount of financial securitv to be posted for the completion of the required improvements shall be equal to one hundred ten (110%) percent of the cost of completion estimated as of ninetv (90) davs following the date scheduled for completion bv the developer. Annuallv, the Township may adiust the amount of the financial securitv bv comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the ninetieth (90th) dav after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adiustment, the Township may require the developer to post additional security in order to assure that the financial securitv equals - said one hundred ten (110%) percent. Anv additional securitv shall be posted by the developer in accordance with this subsection.

- 2.

- 3.

- 4.

- 5.

- 6.

22-21


7. -

- 8.

- 9.

- 10.

11. -

The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted bv the applicant or developer and prepared bv a professional e n ~ e e r licensed as such in this Commonwealth and certified bv such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be recalcul.ited and recertified bv another professional engineer licensed as such in this Commonwealth and chosen mutuallv bv the Township and the applicant or developer. The estimate certified by the third (3rd) engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third (3rd) engineer is so chosen, fees for the services of said engineer shall be paid equallv bv the Township and the apiAicant or developer.

If the party posting the financial securitv requires more than one (1) Year from the date of posting of the financial security to complete the required improvements, the amount of financial securitv may be increased bv an additional ten (10%) percent for each one II) vear period beyond the first anniversary date from posting of financial security or to an amount not exceeding one hundred ten (110%) percent of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one (1) vear period bv using the above bidding procedure.

In the case where development is proiected over a period of years, the Board of Supervisors may authorize submission of final plats bv sections or stages of development subiect to such requirements or marantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.

As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize the release, from time to time, of such portions of the financial security necessary for payment to the contractor or contractors performing the work. Anv such requests shall be in writing addressed to the Board of Supervisors, and the Board of Supervisors shall have fortv-five (45) davs from receipt of such request within which to allow the Township engineer to certify, in writing, to the Board of Supervisors that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification the Board of Supervisors shall authorize release bv the bonding company or lending institution of an amount as estimated by the Township engineer fairly representing the value of the improvements completed or, if the Board of Supervisors fails to act within said forty-five (45) dav period, the Board of Supervisors shall be deemed to have approved the release of funds as requested. The Board of Supervisors may, prior to final release at the time of completion and certification bv its engineer, require retention of ten (10%) percent of the estimated cost of the aforesaid improvements.

Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion, the Board of Supervisors may require the posting of financial securitv to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as

22-22

(22, PART 3)

depicted on the final plat for a term not to exceed eighteen (18) months from the date of acceptance of dedication. Said financial securitv shall be of the same t w e as otherwise required in this Section with revard to installation of such improvements, and the amount of the financial securitv shall not exceed fifteen (15%) percent of the actual cost of installation of said improvements.

If water mains or sanitarv sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and repulations of a public utilitv or municipal authoritv separate and distinct from the Township, financial securitv to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utilitv or municipal authoritv and shall not be included within the financial securitv as otherwise rewired bv this Section.

If financial securitv has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this Section, the Township shall not condition the issuance of building, grading or other permits relatinv to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon actual completion of the imurovements depicted upon the approved final plat. Moreover, if said financial securitv has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following the imurovement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanentlv passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or bevond the lot or lots in question if such improvements are necessarv for the reasonable use of or occupancy of the building or buildines.

(Ord. 32,9/12/1988,§3.70; as amended by A.O.

RELEASE FROM IMPROVEMENT BOND.

- 1. When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board of Supervisors, in writing, bv certified or registered mail, of the completion of the aforesaid improvements and shall send a c o w thereof to the Township engineer. The Board of Supervisors shall, within ten (10) days after receipt of such notice, direct and authorize the Township engineer to inspect all of the aforesaid improvements. The Township engineer shall, thereupon. file a report in writing, with the Board of Supervisors, and shall promptlv mail a COPY of the same to the developer bv certified or reeistered mail. The report shall be made and mailed within thirty (30) davs after receipt bv the Township engineer of the aforesaid authorization from the Board of Supervisors; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be reiected by the Township engineer, said report shall contain a statement of reasons for such nonapproval or rejection.

22-23


2. -

3. -

4. -

- 5.

- 6.

7. -

The Board of Supervisors shall notifv the developer, within fifteen (15) davs of receipt of the engineer’s report, in writinp bv certified or re&ered mail of the action of said Board of Supervisors with relation thereto.

If the Board of Supervisors or the Township engineer fails to comulv with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance rmarantv bond or other security ameement.

If anv uortion of the said imurovements shall not be approved or shall be reiected be the Board of Supervisors, the developer shall proceed to complete the same and, upon comuletion, the same procedure of notification, as outlined herein, shall be followed.

no thin^ herein, however, shall be construed in limitation of the developer’:; right to contest or question bv legal proceedings or otherwise, any determination of the Board of Supervisors or the Township engineer.

Where herein reference is made to the Township engineer, he shall be as a consultant thereto.

The auulicant or developer shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of imurovements according to a schedule of fees adopted bv resolution of the Board of Supervisors and as from time to time amended. Such expense shall be reasonable and in accordance with the ordinarv and customary fees charged bv the Township engineer or consultant for work performed for similar services in the communitv, but in no event shall the fees exceed the rate or cost charged bv the engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants.

- A. In the event the applicant disputes the amount of anv such expense in connection with the insuection of imurovements, the applicant shall, within ten (10) working davs of the date of billing, notifv the Township that such expenses are disuuted as unreasonable or unnecessary, in which case the Township shall not delav or disapprove a subdivision or land development application or anv approval or permit related to development due to the applicant’s request over disputed engineer expenses.

If, within twenty (20) days from the date of billing, the Township and the apulicant cannot agree on the amount of expenses which are reasonable and necessary. then the auplicant and the Township shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsvlvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary.

The professional eneineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within fiftv (50) davs of the billing date. The applicant shall be required to uav the entire amount determined in the decision immediately.

- B.

- C.

22-24

(22, PART 3)

* - D. In the event that the Township and applicant cannot amee upon the professional engineer to be appointed within twenty (20) days of the billing date, then, upon application - of either party. the President Iudae of the Court of Common Pleas of the iudicial district in which the Township is located (or if at the time there be no President Tudge, then the senior active iudge then sitting) shall appoint such engineer, who, in that case, shall be neither the Township en&eer nor any professional engineer who has been retained by, or performed services for, the Township or the applicant within the preceding five (5) years.

The fee of the appointed professional engineer for determining the reasonable and necessaw expenses shall be paid bv the applicant if the amount of payment required in the decision is equal to or vreater than the original bill. If the amount of payment reauired in the decision is less than the oriainal bill by one thousand ($1.0001 dollars or more, the Township shall pay the fee of the professional engineer, but otherwise the Township and the applicant shall each pay one-half ('h) of the fee of the appointed urofessional engineer.

- E.


REMEDIES TO EFFECT COMPLETION OF IMPROVEMENTS.

In the event that any improvements which may be required have not been installed as provided in this Chapter or in accord with the approved final plat the Board of Supervisors is hereby granted the power to enforce any corporate bond, or other securitv by appropriate legal and eauitable remedies. If the proceeds of such bond, or other securitv are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said securitv, the Board of Supervisors may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the securitv or from any lwal or eauitable action brought against the developer, or both, shall be used solelv for the installation of the improvements covered by such securitv, and not for any other Township purpose.


0

a MODIFICATIONS.

- 1. The Board of Supervisors may grant a modification of the requirements of one (1) or more provisions of this Chapter if the literal enforcement will exact undue hardship because of ueculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the puruose and intent of this Chapter is observed.

All reauests for a modification shall be in writine. and shall accompany and be a part of the application for development. The request shall state in full the grounds and

- 2.

22-25

(22, FART 4)

PART 4

PLAN REQUIREMENTS

5401. SKETCH PLANS.

1. The sketch plan of a proposed subdivision shall be legibly drawn to a scale of either one (1) inch equals one hundred (100) feet or one (1) inch equals fifty (50) feet. The original drawing and all prints that are submitted for review shall be made on sheets of one (1) of the following sizes:

A. Eighteen (18) inches by twenty-four (24) inches.

B. Twenty-four (24) inches by thirty-six (36) inches.

C. Thirty (30) inches by forty-two (42) inches.

The sketch plan shall contain the following information: 2.

A.

B.

C.

D.

E.

F.

Name and address of record owner or owners.

Name of developer if other than record owner.

Name of the proposed subdivision.

Name of the municipality or municipalities within which the subdivision is proposed.

The proposed general lot layout, structures and streets within the proposed subdivision.

The proposed methods of water supply and sewage disposal including source of any off-site services.

3. Additional Requirements for Sketch Plan of Record.

A. North arrow, written and graphic scale and the date of completion of the original drawing.

A location map, accurately drawn at a scale of one (1) inch equals two thousand (2,000) feet and showing the proposed subdivision in relation to Township boundary lines, public roads, rights-of-way, recorded subdivisions and zoning districts within four thousand (4,000) feet of the proposed subdivision shall accompany the drawing.

Tract boundaries, accurately labeled and a statement of the total acreage of the tract.

B.

C.

22-29


4.

5.

6.

D.

E.

F.

G.

H.

I.

J.

All significant physical features within two hundred (200) feet of the proposed subdivision tract including existing contours at a twenty (20) foot intervals, watercourses, ponds, lakes and wetlands shall be named where applicable.

AU existing buildings, roads, rights-of-way, easements and restrictive covenants within two hundred (ZOO) feet of the proposed subdivision tract which may affect future development.

The names of the owners or developers of all adjoining properties.

The sketch plan shall contain the name of the registered engineer, surveyor, qualified planner, architect or landscape architect that is responsible for the plan.

The zoning district or districts w i t h which the proposed subdivision is located.

Contour lines at vertical intervals of G o (2) feet shall be shown, including the source of data to which such elevations are based.

Certification by developer, subdivider or person responsible for the plan (Appendix E).

A letter of intent which explains the concept of development proposed for the subdivision tract shall be filed with the sketch plan.

In the case of sketch plan of record the plan shall bear a signed and notarized certification of ownership and acknowledgement of plan. Preliminary soils investigation certification (Appendix A), certificates of approval by the Township Planning Commission and the Township Supervisors, the source of title to the land being subdivided as shown in the records of the County Recorder of Deeds, the seal of the surveyor or engineer responsible for the plan, precise bearings and distances for all parcels to be conveyed (which shall be field survey), base flood elevations for a one hundred (100) year storm, building setback lines, existing cartway and right-of-way lines (including right-of-way width), and an erosion and sedimentation control plan or statement indicating who shall be responsible for preparation of such plan.

Where a sketch plan shows the proposed subdivision of only a part of the subdivider's total property, the plan shall be accompanied by a drawing showing the entire contiguous land holdings of the subdivider and indicating the area of ultimate proposed Subdivision. This plan may be included as part of the location map drawn to a scale of one (1) inch equals two thousand (2,000) feet or any other scale deemed necessary for reasons of clarity. The proposed street system for the remainder of the property proposed for ultimate subdivision shall be shown so that the street system in the submitted portion can be considered in relation to future connections with the unsubmitted portion. In the case of extremely large properties the Township Planning Commission may delimit the area for which a prospective street system on adjacent property must be shown. The subdivider shall also include a statement indicating " - - proposed future land use for the unsubmitted portion of his property.

(Ord. 32, 9/12/1988, 54.00)

22-30

(22, PART 4)

5402. PRELIMINARY PLANS. e

1. The prel iminq plan of a proposed subdivision shall be legibly drawn to a scale of one (1) inch equals fifty (50) feet. If the average size of the proposed lots is one (1) acre or larger, the plan may be drawn to a scale of one (1) inch equals one hundred (100) feet.

2. The original drawing and all prints that are submitted for review shall be made on sheets of one of the following sizes:

A.

B.

C.

On preliminary plans that require more than one (1) sheet a key diagram illustrating the relative location of the several sections shall be required. The key diagram shall appear on each sheet.

The preliminary plan shall contain the following information:

A.

B.

C. Name of proposed subdivision.

D.

Eighteen (18) inches by twenty-four (24) inches.

Twenty-four (24) inches by thirty-six (36) inches.

Thirty (30) inches by forty-two (42) inches.

3.

4.

Name and address of record owner or owners.

Name of developer if other than record owner.

Name of the municipality or municipalities within which the subdivision is proposed.

Names of all adjoining subdivisions, if any, and the names.of owners of all adjacent unplatted land.

Name, address, license number and seal of the registered engineer, surveyor, architect or landscape architect responsible for the subdivision plan.

The original drawing shall bear a north arrow, written and graphic scale and the date (month, day and year) that such drawing was completed and/or revised.

An accurate location map, drawn at a scale of one (1) inch equals two thousand (2,000) feet, shall show the proposed subdivision in relation to Township boundary lines, public roads, rights-of-way and recorded subdivisions within four thousand (4,000) feet of the proposed subdivision.

The property being subdivided shall show tract boundaries with bearings and distances and a statement of the total tract acreage.

E.

F.

G.

H.

I.

22-31


J.

K.

L.

M ,

N.

0.

P.

The zoning district or districts within which the proposed subdivision i:; located.

The proposed subdivision tract shall show all existing buildings or other structures.

All existing streets, inclusive of streets which have been recorded but not constructed, on or adjacent to the tract, inclusive of names, right-of-way widths, cartway (pavement) widths and approximate grades shall be shown.

All existing sewer lines, water lines, fire hydrants, utility transmission lines, culverts, bridges, railroads or other manmade features within two hundred (200) feet of the tract boundaries of the proposed subdivision shall be shown.

The location, width and purpose of existing easements and utility rights-of-way within two hundred (200) feet of the proposed subdivision tract shall be shown.

Contour lines, at vertical intervals not greater than two (2) feet, shall be shown, inclusive of the location and elevation of such data to which such elevations are based, preferably and where available, from the nearest United States Coast and Geodetic established bench mark.

The full plan of the proposed development inclusive of the following:

(1) The location and width of all streets and rights-of-way with a statement of any conditions which will govern their use.

Suggested street names and utility easement locations.

The building setback lines along all streets.

Lot lines and approximate dimensions.

A statement goveming the intended use of all nonresidential lots and parcels.

Lot numbers inclusive of a statement of the total number of lots and parcels.

Sanitary and/or storm sewers (inclusive of other drainage facilities), with the size and material of each indicated and any connection that is proposed with existing facilities.

Parks, playgrounds and other areas which will be dedicated or reserved for public or common use, with any conditions which will govern such use.

The location, width and purpose of proposed easements and utility rights- of-way.

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

22-32

(22, PART 4)

(10) Copies of the proposed deed restrictions, protective and restrictive covenants as referenced to in the preliminary plan, if any.

5. The preliminary plan shall be accompanied by the following supplementary information unless the Supervisors have determined that the submission of such information is not necessary.

A.

B.

C.

D.

E.

F.

G.

Preliminary profiles, typical cross-sections and specifications for proposed street, sanitary sewer, storm drainage and water system improvements.

A storm drainage plan for the proposed subdivision tract which conforms to the design requirements for storm drainage systems as established in Part 5.

A plan for keeping erosion and sedimentation to a minimum in accordance with the erosion and sediment control standards established in Part. 5.

A landscape plan, where applicable, and in accordance with the standards established in §510(2)(D), "Tree Preservation and Planting."

When subdivision or land development plans are to be developed in phases, over a period of time, a map delineating each phase of the proposed subdivision or land development consecutively numbered so as to illustrate phasing of development and schedule indicating the approximate time for which applications for final approval of each phase is intended to be filed.

Preliminary designs of any bridges or culverts which may be required in the proposed development. such designs shall conform to all applicable requirements of the Pennsylvania Department of Transportation and other applicable regulatory agencies.

Water Supulv.

(lJ If water is to be provided bv means other than private wells owned and maintained bv the individual owners of lots within the subdivision or development, aoplicants shall present evidence to the Board of Suoervi- sors that the subdivision is to be supolied bv a certified oublic utilitv, a bona fide cooperative association of lot owners, or bv a municipal corporation, authoritv or utilitv. A CODY of a Certificate of Public Convenience from the Pennsylvania Public Utilitv Commission or an application for such certificate, a cooperative ameement or a commitment or aereement to serve the area in question, whichever is appropriate, shall be acceptable.

When the proposed subdivision is to be served bv a centralized water system, the develooer shall submit two (2) copies of a letter from the Pennsylvania Deoartment of Environmental Resources which evaluates the proposed system in relation to the minimum requirements as established bv the State.

121

22-33


H. When the proposed subdivision is to be served by a centralized sewage disposal system the developer shall submit two (2) copiea of a letter form the Pmnsylva- nia Department of Environmental Resources which evaluates the proposed system in relation to the minimum requirements of the State.

When the proposed subdivision is to be served by individual on-lot sewage disposal systems, the developer shall submit two (2) copies of a letter form the Pennsylvania Department of Environmental Resources which reports the findings of that department as to the feasibility of using on-lot sewage disposal systems.

I.

(Ord. 32, 9/12/1988, 54.10; as amended by A.O.

5403. FINAL PLANS.

1. Final plans shall conform to the standards established for preliminary plans in this Part.

It shall not be necessary to resubmit the supporting maps and information which are submitted with the preliminary plan; provided there have been no change:;.

The additional information which follows shall be illustrated on the final plan:

A.

2.

3.

The latest source of title to the land as shown on the deed including the page number and book volume of the County Recorder of Deeds.

The entire tract boundary lines of the area being subdivided with accurate distances to hundredths of a foot and bearings to fifteen (15) seconds. The boundaries, as shall be determined by an accurate field survey, shall be subsequently closed and balanced to an error of closure not to exceed one (1) foot in ten thousand (10,000) feet. The boundary or boundaries of additional adjacent unplatted land of the subdivider are not required to be based upon field survey datum but may be calculated. The location and elevation of all boundary line (perimeter) monuments shall be indicated, inclusive of a statement of the total area of the property being subdivided. In addition, the engineer or surveyor shall certify to the accuracy of the survey, the drawn plan and the placement of all monuments.

The following data for all existing and proposed streets shall be shown:

(1)

(2)

B.

C.

The name, proposed name or street number.

The cartway (pavement) width and the cartway edge (curb line) of the street.

(3) The right-of-way width and the street right-of-way lines.

22-34

(22, PART 4)

D.

E.

F.

G.

H.

I.

J.

K.

L.

M.

N.

(4) A complete and accurate description of all newly proposed street right-of- ways.

The block and/or lot numbers and a statement of the total number of lots.

All of the lot lines shall be completely dimensioned in feet if straight and if curved, by the length of arc and radius in feet and the central angle (in degrees, minutes and seconds.) All lot lines shall be described by bearings to the nearest second.

The proposed building setback line or the proposed placement of each building

All easements or rights-of-way and any limitations on such easements or rights- of-way. Rights-of-way shall be shown and accurately identified on the plan. Easements shall either be shown or specifically described on the plan.

Private deed restrictions, if any, as may be imposed upon the property as a condition of sale, together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided.

A statement governing the intended use of all nonresidential lots or parcels with reference to any type of restrictions which exist or will exist as covenants in the deed for the lots or parcels contained in the subdivision and if any covenants are recorded, the page number and book volume of the County Recorder of Deeds shall be included.

If a new street intersection is proposed with a State Legislative Route the occupancy permit number or numbers shall be indicated for each and all such intersections.

The location and elevation of all existing and proposed street monuments as required by Part 6.

The owner of the property shall certify such ownership, acknowledgement of the plan and offer of dedication. Such certification shall be duly acknowledged and signed by the owner of the property and notarized.

The Planning Commission shall be represented by a certificate for approval on the plan.

The Township Supervisors shall be represented by a certificate of approval on the plan. If the final plan requires more than one (1) sheet a key diagram which indicates the relative location of the several phases shall be drawn on each sheet.

4. The final plan shall be accompanied by the following;

A. A plan which shows:

22-35


(1) The location, size and invert elevations of all sanitary sewer, water distribution and storm drainage systems and the location of all manholes, inlets and culverts.

The final profiles and cross-sections for proposed streets, sanitary sewers, water distribution systems and storm drainage systems shall each be shown on one (1) or more separate sheets.

(2)

B. A copy of the subdivision improvements agreement which has been completed and signed by both the developer and the Board of Supervisors.

A performance guarantee in the amount of one hundred ten (110) percent of the cost of all requirement improvements as established in Part 3 as estimated by the Board of Supervisors (in lieu of the cost estimate by the Board of Supervi- sors, the developer may be required to submit such a cost estimate for approval by the Board of Supervisors), in a form and surety approved by the Towmship Solicitor guaranteeing construction and installation of all such required improvements within a stated period which shall not be longer than one (1) year from the date of final submission approval. Where the final plan is submitted in phases the amount of the guarantee may also be provided in stages if acceptable to the Board of Supervisors.

C.

5. When a subdivision or land development is proposed to be developed in phases over a period of years the final plan requirements as established in this Part shall apply only to that phase of development for which final approval is being sought. However, the final plan presented for the phase must be considered as it relates to information presented for the entire subdivision or land development in the application for preliminary plan approval.

(Ord. 32, 9/12/1988,§4.20; as amended by A.O.

22-36

(22, PART 5)

PART 5

DESIGN STANDARDS

5501. APPLICATION.

1. This Chapter contains the design standards and requirements which will be used by the Planning Commission and the Supervisors in determining the adequacy of all plans for proposed subdivisions and land developments.

All development shall be planned, reviewed and carried out in conformance with all Township, County, State and other applicable laws and regulations.

2.

(Ord. 32 ,9/12/1988, 55.00)

5502. GENERAL STANDARDS.

1. The land being subdivided shall be suited to that purpose. Land with unsafe or hazardous conditions, such as land with unconsolidated fill or steep slopes shall not be subdivided unless the subdivision plan provides for adequate safeguards which are approved by the Board of Supervisors.

The development of a proposed subdivision shall be so coordinated with adjacent existing development that the area, as a whole, may develop harmoniously.

2.

(Ord. 32 ,9/12/1988, 55.10)

5503. BLOCK DESIGN STANDARDS.

1. Block Lavout.

A. The length, width and shape of blocks shall be determined with respect to the following:

(1)

(2)

(3) The existing topographical features.

(4)

The provision of adequate sites for the type of building being proposed.

The Hubley Township Zoning Ordinance [Chapter 271.

The requirements for safe and convenient vehicular and pedestrian circulation.

2. Block Length. e 22-37


A. Blocks in residential subdivisions shall generally be no less than five hundred (500) feet in length or no more than one thousand eight hundred (1,800) feet in length.

In the design of blocks longer than one thousand (1,000) feet, special consideration shall be given to the requirements of satisfactory fire protection.

Blocks along collector streets, where feasible, shall not be less than one thousand (1,000) feet in length.

B.

C.

3. Block Deuth. Block depth in residential subdivisions shall be sufficient to accommodate two (2) tiers of lots, except:

A. Where the size, topographical conditions or other conditions inherent in the property, in which instance a single tier of lots may be approved by the Planning Commission in lieu of the two (2) tiers of lots.

4. Industrial Blocks. Blocks in industrial subdivisions may vary from the design elements as established in Subsections (1) through (3); provided, that adequate provision is made for traffic circulation, off-street parking, loading areas and fire protection.

(Ord. 32.9/12/1988,§5.20)

5504. LOT DESIGN STANDARDS.

1. General Standards.

A.

B.

C.

D.

E.

F.

In conformance with the standards established in the Hubley Township Zoning Ordinance [Chapter 271, the size, shape and orientation of lots shall be appropriate for the type of development and proposed use.

Where feasible, the side lot lines shall form right angles with straight street lines and radial to curved street lines.

In order to avoid problems of jurisdiction, the lot lines, where feasible, shall follow Township boundary lines rather than cross them. In the event that lot lines cross municipal boundaries the affected municipality will be offered to make comments concerning the development.

In general, the depth of lots in residential subdivisions shall not be less than one (1) nor more than three (3) times their width.

The depth and width of parcels proposed for nonresidential use shall be adequate for the proposed use and of sufficient size to accommodate space for onsite parking, loading and unloading, required setbacks, landscaping, etc.

If remnants of land exist after subdividing they shall either:

22-38

(22, PART 5)

(1)

(2)

Be incorporated into existing or proposed lots.

Be legally dedicated to public use if acceptable to the Township Board of Supervisors.

2. Lot Frontage.

A. All lots shall front on an existing or proposed public or private street if such street conforms to the standards contained in this Chapter and are approved as such by the Township Board of Supervisors. The width of required frontage for any particular lot is dictated by the Township Zoning Ordinance [Chapter 27.1 Any variation from the required width must be addressed by the Hubley Township Zoning Hearing Board.

Double or reverse frontage lots may be required to provide a separation between residential development and arterial streets or to overcome specific disadvantag- es of existing topographic or other natural features of the proposed subdivision tract.

The minimum rear yard depth of reverse frontage lots in all residential subdivisions shall be seventy-five (75) feet, as measured along the shortest distance from the proposed dwelling unit to the ultimate right-of-way. A planting screen easement, a minimum of ten (10) feet in width, across which there shall be no right of access, shall be provided within such yard immediately adjacent to the right-of-way.

B.

C.

3. Lot Access.

A. Direct access from residential lots to arterial streets shall be avoided whenever possible. Where such direct access cannot be avoided, adequate turnaround space shall be provided behind the right-of-way line.

A valid highway occupancy permit issued by the Pennsylvania Department of Transportation must be displayed to prove that access to a State road or highway has been authorized. Driveways serving single-family residences shall intersect streets at angles of no less than sixty (60) degrees. All other driveways or access roads shall intersect streets at right angles, where possible, and in no instance shall such intersection be less than seventy-five (75) degrees.

The width of access roads or driveways shall be in accordance with the

B.

C. following:

(1) For multifamily residential and all nonresidential subdivisions, access roads shall be no less than twenty-two (22) feet in width at the street line and shall clearly be defined by the use of curbing.

For singlefamily residential subdivisions, driveways shall be no less than ten (10) feet in width and no greater than twenty (20) feet in width at the street line.

(2)

22-39


D. In order to provide for safe and convenient ingress and egress points, access roads and driveway entrances shall be rounded at the following xninimum radius:

(1) For multifamily residential and aU nonresidential subdivisions, access road entrances shall be rounded at a minimum radius of ten (10) feet.

For single-family residential subdivisions, driveway entrances shall be rounded at a minimum radius of five (5) feet.

(2)

E. The grades on access roads or driveways shall not exceed the following:

(1)

(2)

The minimum distance from the centerline of an access road or driveway, at its point of access to a street, to the centerline of the intersecting street shall not be less than the following:

(1) For single-family residential subdivisions:

Eight (8) percent when access is to be an arterial street.

Ten (10) percent when access is to be a collector or minor street.

F.

(a) One hundred fifty (150) feet if the intersecting street is an arterial street.

One hundred (100) feet if either street is a collector street.

Seventy-five (75) feet if both streets are minor streets.

(b)

(c)

For multifamily residential and all nonresidential subdivisions.

(a) Three hundred (300) feet if either street is an arterial street.

(b) Two hundred (200) feet if either street is a collector street.

(c) One hundred fifty (150) feet if both streets are minor streets.

All driveways will be designed to permit unimpeded drainage flows. A typical driveway detail shall be included and shall conform substantially to Appendix D.

(2)

(3)

(Ord. 32,9/12/1988,§5.30)

5505. STREET DESIGN STANDARDS.

1. General Requirements.

22-40

(22, PART 5)

' 0

2.

3.

A.

B.

C.

D.

E.

G.

H.

Proposed streets shall be properly related to the road and highway plans of both the State and the Township. Proposed streets shall be designed to provide adequate vehicular access to all lots or parcels and with due regard to existing topographic conditions, projected traffic volumes and the possibility of future subdivision activity in the area.

The street system of a proposed subdivision or land development shall be designed to create a hierarchy of street functions which includes collector and minor streets.

The street system of a proposed subdivision or land development shall be designed to minimize street intersections and pedestrian and vehicular conflict points.

Proposed minor streets shall be designed to discourage through traffic and excessive speeds. However, the developer shall give adequate consideration to provisions for the extension and continuation of collector streets into and from adjacent properties.

Where a subdivision abuts an existing street of inadequate width or alignment, the Supervisors may require the owner to dedicate sufficient land to widen the street or correct the alignment.

Private streets which are not to be offered for dedication shall be approved only if they conform to the street design and improvement standards as established in this Chapter.

If the lots in the development are large enough for resubdivision or if a portion of the tract is not subdivided an access road and street right-of-way suitable for such an eventuality shall be provided.

Street Right-of-way and Cartway Widths.

A. Street right-of-way and cartway (pavement) widths in proposed subdivisions shall conform to the standards established in Table A.

The general standards established in subsection (2)(A) may be modified by the Board of Supervisors upon the recommendation of the Township Engineer. Such modification may occur only after an analysis of proposed development densities, provisions for off-street parking and projected volumes of traffic have been completed. The burden of proof for such modification shall be upon the developer to justify the adequacy of rights-of-way or cartway widths which are less than those established in subsection (2)(A).

B.

Horizontal Curves.

A. When the deflection of street centerlines is greater than five (5) degrees within five hundred (500) feet, an appropriate connection shall be made using horizontal curves.

22-41


B. Horizontal curves designed to produce the following minimum sight distances shall be used:

(1)

(2)

(3)

Tangents with a minimum length of one hundred (100) feet shall be used between curves on both collector and arterial streets and between a curve and a street intersection where one (1) of the intersecting streets is a collector or an arterial street.

Minor streets - one hundred fifty (150) feet.

Collector streets - three hundred (300) feet.

Arterial streets - six hundred (600) feet.

C.

4. Street Grades.

A.

8.

The minimum centerline grade on all streets shall be five-tenths (0.5) percent.

Unless approval is obtained from the Supervisors, upon recommendation from the Township Engineer, the centerline grades shall not exceed the following:

(1)

(2)

(3)

Leveling areas having a minimum length of seventy-five (75) feet, as measured from the intersection of the centerline, shall be provided at all intersections. The maximum grade for such leveling area shall not be greater than four (4) percent.

Minor streets - twelve (12) percent.

Collector streets -.eight (8) percent.

Arterial streets - six (6) percent.

C.

5. Vertical Curves.

A. When changes in grade in excess of one (1) percent occur, vertical curves shall be used.

Vertical curves shall be designed to conform to the following minimum sight distances:

(1)

(2)

(3)

8.

Minor streets - one hundred fifty (150) feet.

Collector streets - three hundred (300) feet.

Arterial streets - six hundred (600) feet.

C. The developer shall provide all computations to verify that the minimum sizht distance is achievedin both horizoital and vertical geometry for all proposed streets.

22-42

(22, PART 5)

6. Street Intersections.

A.

8.

C.

D.

E.

F.

Whenever possible streets shall intersect at right angles. When minor streets intersect with collector or arterial streets the angle of intersection at the street centerlines shall in no case be less than seventy-five (75) degrees. No two (2) streets shall intersect with an angle of intersection at the centerlines of less than sixty (60) degrees.

Multiple intersections which involve the intersection of more than two (2) streets shall be prohibited.

When two (2) streets intersect a third street from opposite sides they shall either intersect with a common centerline or their centerlines shall be offset in accordance with the following standards.

When all three (3) streets involved are minor streets the two (2) streets shall be separated by a minimum distance of one hundred fifty (150) feet between centerlines as measured along the centerline of the street being intersected.

When one (1) or more of the streets involved is a collector street the two (2) streets shall be separated by a minimum distance of four hundred (400) feet between centerlines as measured along the centerline of the street being intersected.

When one (1) or more of the streets involved is an arterial street the two (2) streets shall be separated by a minimum distance of one thousand (1,000) feet between centerlines as measured along the centerline of the street being intersected.

Curbs at street intersections shall be rounded by an arc with a minimum radius as follows:

(1)

(2)

(3)

At intersections, the right-of-way of street lines shall be parallel to the curb arcs.

Clear sight triangles shall be provided at all street intersections. Within such triangles nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede the vision between a height of two and one-half (2 1/2) feet and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines thirty (30) feet from the point of intersection.

For intersections involving only minor streets - twenty (20) feet.

For intersections involving a collector street - thirty (30) feet.

For intersections involving an arterial street - forty (40) feet.

22-43


G . When a portion of the line of such sight triangles occurs within the proposed building setback line, such portion shall be shown on the final plan of the subdivision and shall be considered as a building setback line.

7. Cul-de-sacs.

A. Dead end streets are prohibited unless they are designed as cul-de-sac streets or designed to provide future access to adjacent property.

When dead-end streets are constructed to provide future access to adjacent property, or because of authorized phase development, and when such street is open to traffic an excess two hundred (200) feet in length, the dead end street shall be provided with a temporary all-weather turnaround. The turnaround shall be completely within the boundaries of the subdivision and the USE' of the turnaround shall be guaranteed to the public until such time as the street is extended.

Cul-de-sac streets, permanently designed as such, shall be limited in length to a maximum of eight hundred (800) feet. Such cul-de-sac street shall not provide access to more than twenty (20) dwelling units, lots or parcels.

The closed end of all cul-de-sac streets, whether permanently or temporarily deigned, shall be provided with a fully-paved turnaround.

(1)

B.

C.

D.

The minimum radius to the pavement edge or curb line shall be forty (40) feet and the minimum right-of-way radius shall be fifty (50) feet. Parking will not be permitted on the turnaround.

E. The centerline grade on a cul-de-sac street shall not exceed twelve (12) percent and the grade of the diameter of the turnaround shall not exceed five (5) percent.

8. Half Streets.

A.

B.

Half streets at the perimeter of a new subdivision are prohibited.

The subdivider is responsible for providing the entire required right-of-way, or as much thereof as possible, within his property, along all existing streets which traverse or abut the property.

9. Street Names.

A. Proposed streets which are in alignment with others already existing and named shall bear the names of such existing streets.

The street name of a proposed street shall not be duplicated by an existing street name in the Township.

The Supervisors shall approve all proposed street names.

8.

C.

22-44

(22, PART 5)

(Ord. 32,9/12/1988,§5.50)

5506. SANITARY SEWAGE DISPOSAL.

1.

2.

3.

4.

The most effective type of sanitary sewage disposal shall be provided by the developer consistent with the natural features, location and proposed site development. The following types of sewage disposal are listed in order of preference:

A.

B.

The connection to a public sanitary sewage disposal and treatment system.

The provision by the developer of a centralized sanitary sewage disposal and treatment system which complies with the requirements of the Pennsylvania Department of Environmental Resources.

C. The provision of capped sewers with temporary, approved onlot disposal facilities.

D. The provision of onlot sewage disposal systems consisting of septic tank and tile field.

The connection to a public sanitary sewer system shall be required where such a system can feasibly by provided to the proposed subdivision tract and where such a system can adequately fulfill the sewage disposal needs of the subdivision or land development.

Where a private centralized sewage disposal and treatment system is to be provided by the developer, a statement shall be submitted to the Planning Commission from the Pennsylvania Department of Environmental Resources certifying that a permit has been issued approving the proposed facilities.

In subdivisions where neither a connection to a public sewage system nor a centralized sanitary sewer system is required, sewage disposal shall be provided on individual lots consisting of septic tanks and tde absorption fields. The physical features of the subdivision tract on which the onlot disposal facilities are to be provided shall meet the criteria established in the Pennsylvania Department of Environmental Resources’ requirements for onlot sewage disposal systems.

(Ord. 32, 9/12/1988, 55.50)

5507. WATER SWPLY AND DISTRIBUTION SYSTEMS.

1. The developer shall provide a water supply and distribution system to service the proposed subdivision through one (1) of the following methods listed in their order of preference:

A. The connection to a public water supply system shall be required where such a system can feasibly be provided to the proposed subdivision tract and where

22-45


the capacity of such a system can adequately fulfill the water supply demands of the proposed subdivision or land development. The distribution system shall be designed to furnish an adequate supply of water to each lot. A ;:opy of the appropriate public authority or utility company shall be submitted with the final plan.

8. Where a public water supply system cannot feasibly be provided to the proposed subdivision or land development and where multifamily residential development is planned or where a public water supply system is planned to serve the proposed subdivision or land development area within ten (10) years, a private centralized water supply system shall be provided by the developer. If such a system is provided it shall be approved by the Pennsylvania Department of Environmental Resources and suitable agreements shall be established for the ownership and maintenance of such a system. Also, the system shall be designed and constructed in a manner that would permit adequate connection to a public water supply system in the future. Fire hydrants shall be provided in all centralized water supply systems which will serve more than twenty-five (25) lots or dwelling units.

Where individual onlot water supply systems are to be utilized they shall conform to the criteria established by the Pennsylvania Department of Environmental Resources for onlot water supply systems.

C.

(Ord. 32,9/12/1988, g5.60)

5508. STORM DRAINAGE SYSTEMS.

1. Storm drainage systems shall be provided for the purposes of:

A.

B.

C.

Permitting unimpeded flow of natural water courses.

Ensuring adequate drainage of all low points along the street lines.

Intercepting stormwater runoff along streets at intervals related to the extent and grade of the area being drained.

Providing positive drainage away from onsite sewage disposal systems.

Taking surface water from the bottom of vertical grades to lead water from springs and to avoid the excessive use of cross-gutters at street intersections and elsewhere.

D.

E.

2. General Requirements.

A. A site drainage plan shall be prepared for the proposed subdivision tract which illustrates the following information:

22-46

(22, PART 5)

B.

C.

D.

E.

F.

(1) The mapping of the watershed area or areas in which the proposed subdivision is located.

Calculations of runoff for all points of runoff concentration.

The complete drainage system for the subdivision including the identification of all existing drainage features which will be incorporated into the design. If the subdivision is to be developed in phases a general drainage plan for the entire subdivision shall be submitted with the first phase and appropriate development phases for the drainage system shall be indicated.

(2)

(3)

The existing points of natural drainage discharge onto adjacent property shall not be altered without the written approval of the affected landowners in recordable form.

Stormwater runoff or natural drainage water shall not be diverted so as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without approved provisions being made by the developer for properly handling such conditions.

Facilities for storm drainage should be designed to handle the anticipated peak discharge from the property being subdivided as well as to handle the anticipated increase in runoff that will occur when all the property at a higher elevation in the same watershed area is fully developed.

Where a watercourse runs across or through a subdivision, a drainage easement which conforms with the line of such watercourse shall be provided at such a width as will be adequate to preserve the unimpeded flow of natural drainage.

All drainage structures that are located on the rights-of-way of State highways shall be approved by the Pennsylvania Department of Transportation and a letter of approval from that office shall be directed to the Planning Commission.

3. Calculation of Storm Runoff.

A. Storm runoff shall be calculated by the rational method as described in the "Hydrology Guide for Use in Watershed Planning," US. Department of Agriculture, or equal method. Complete detailed calculations shall be submitted to the Township Engineer for review.

A ten (10) year storm of twenty-four (24) hour duration shall be used for design of all collecting infrastructure. A twenty-five (25) year storm of twenty-four (24) hour duration shall be used for design of detention facilities.

B.

(Ord. 32 ,9/12/1988,§5.70)

5509. UNDERGROUND UTILITIES AND EASEMENTS.

22-47


1. In accordance with a Pennsylvania Public Utility Cornmission order of July 8,1970, all electric utility distribution lines shall be installed underground in subdivisions or land developments of five (5) or more proposed dwelling units. The following design standards shall also be observed:

A. Whenever possible, telephone and cable television utilities shall also be installed underground.

Whenever possible, electric, gas, water, sewage and communications ulilities shall jointly occupy the same trenches in the utility easements.

A utility service plan for the propose subdivision or land development shall be prepared and provided by the developer in cooperation with the appropriate public utility companies and governmental agencies.

B.

C.

2. Utilitv Easements.

A. Utility easements shall be provided for wires, conduits, storm and sanitary sewers, gas and water mains and/or other utility lines intended to service the abutting lots. Within such easements no structures shall be permitted to located. The developer shall consult the local utility company when locating the utility easements.

The location of utility easement shall be either:

(1)

B.

Abutting the street right-of-way, in which case an easement with a minimum width of ten (10) feet shall be required.

Along the rear or side lot lines, in which case an easement with a minimum width of twenty (20) feet shall be required (ten (10) feet on each side of the line). The Planning Commission may require an easement with a minimum width of fifteen (15) feet where the lot line coincides with the subdivision property line.

(2)

C. Petroleum Transmission Lines.

(1) A minimum right-of-way of fifty (50) feet shall be required for any company that intends to install any petroleum, petroleum products or natural gas transmission line. Such line shall be installed in the center of the right-of-way and shall comply with the applicable standards and requirements imposed by State and Federal laws.

A minimum distance of twenty-five (25) feet, as measured from the right- of-way line, shall be provided between any proposed dwelling unit and any petroleum, petroleum products or natural gas transmission line which crosses the proposed subdivision.

(2)

(Ord. 32, 9/12/1988, 55.90)

22-48

(22, PART 5)

s510. ENVIRONMENTAL PROTECTION AND PUBLIC OPEN SPACE PRESERVATION.

1. Erosion and Sedimentation Control.

A. General Standards.

(1) A plan for minimizing erosion and sedimentation control within a proposed subdivision or land development tract shall be prepared by the developer and submitted to and reviewed by the Schuylkill County Soil and Water Conservation District and reviewed and approved by the Supervisors prior to any changes being made in the contour of the land and prior to grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land. The Supervisors may determine that such plans are not necessary. In such case, the plan shall indicate that individual property owners are responsible for the preparation of erosion and sedimentation controls for their individual lots.

(2) Measures used to control erosion and to reduce sedimentation shall meet the standards and specifications of the Schuylkill County Soil and Water Conservation District as established in the Schuylkill County Erosion and Sediments Control Handbook. The Township Engineer, or other designated official, shall ensure compliance with the appropriate specifications, copies of which are available from the district.

B. Performance Principles.

(1) The measures which follow are effective in minimizing erosion and sedimentation and shall be included, where applicable, in the control plan:

(a)

(b)

Stripping of vegetation and grading shall be kept to a minimum.

All development plans shall strive to preserve significant natural features, keep cut and fill operations to a minimum and ensure conformity with the existing topographic features in order to create the least possible erosion potential and to adequately handle the volume and velocity of surface water runoff.

Whenever possible, the natural vegetation shall be retained, protected and, if required, supplemented.

The area which is distributed and the duration of such exposure shall be kept to a minimum.

Permanent vegetation and/or mechanical erosion control and drainage measures shall be used to stabilize disturbed soils. Such measures shall be employed as soon as possible in the development process.

(c)

(d)

(e)

22-49

SISBDMSION AND LAND DEVELOPMENT

(f) Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.

Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions (luring and after development. Where necessary, the rate of surface water runoff shall be mechanically retarded.

Until the disturbed area is stabilized, sediment in the runoff water shall be trapped by the use of debris basins, sediment basins, silt traps or similar measures.

(g)

(h)

C. Grading for Drainape.

(1) In order to preserve more suitable sites for building and other uses, improve surface drainage and control erosion, the following grading requirements shall be met:

(a) Proper drainage shall be provided away from buildings on all lots, tracts or parcels within a proposed subdivision or land development. The resulting surface water shall be disposed of without ponding. Natural drainage patterns shall be preserved whenever possible.

All provisions for drainage shall be designed to adequately handle the surface runoff and carry it to the nearest suitable outlet such as a curbed street, storm drain or natural watercourse. Drainage swales used to divert surface water away from buildings shall be sodded or planted as required and shall be of such a slope, shape and size as to be in conformance with the requirements of the Township Supervisors.

The concentration of surface water runoff shall be permitted only in swales or watercourses.

A maximum slope of two to one (2:l) shall be maintained on all cut and fill slopes unless they are stabilized by a retaining wall or cribbing or except as approved by the Supervisors and handled under special conditions.

Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.

Cut and fill slopes shall not endanger adjacent property.

Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.

(b)

(c)

(d)

(e)

( f )

(8)

22-50

(22, PART 5)

Fill embankments shall not encroach on natural watercourses or constructed channels.

Fills, when placed adjacent to natural watercourses or constructed channels, shall have suitable protection against erosion during periods of flooding.

Grading shall not be performed in such a way as to divert water onto the property of another landowner unless the expressed written consent of that landowner is secured.

During grading operations, necessary measures for dust control will be exercised.

Grading equipment will not be permitted to cross live streams. Provision will be made for the installation of appropriate culverts or bridges.

2. Natural Feature Preservation.

A. The design and development of all subdivision shall preserve, whenever possible, natural features which will aid in providing open space for recreation and conditions generally favorable to the health, safety and welfare of the residents of the Township. Some of these natural features include the natural terrain of the site, woodland areas, large trees, natural watercourses and bodies of water, wetlands, rock outcroppings and scenic views. More detailed standards concerning the preservation of specific natural features are established in the following subsections:

B. Floodplain Revulations.

(1) The developer shall consult floodplain engineering studies done for Hubley Township or Schuylkill County, if available, or obtain a soil characteristics report from the Schuylkill County Soil and Water Conserva- tion District in order to delineate floodplain areas within the proposed subdivision tract.

C. Lake, Stream and River Frontage Preservation

(1) A maintenance easement with a minimum width of twenty (20) feet shall be provided along all stream and river banks and lake edges. Such easement, in all cases, shall be of sufficient width to provide proper maintenance.

Lake, stream and river frontage shall be preserved as open space whenever possible. This area may be credited toward the open space requirement as established in subsection (3).

(2)

22-51


(3) Access shall be provided to the water an.d maintenance easement area at e intervals not to exceed one-half (1/2) mile. The width of such access points shall not be less than one hundred (100) feet.

D. Tree Preservation and Planting.

Trees, with a caliper of six (6) inches or more, as measured at i i height of four and one-half (4 1/2) feet above existing grade shall not bt: removed unless they are located within the proposed cartway or sidewalk portion of the street right-of-way or within fifteen (15) feet of the foundation area of a proposed building. In areas where trees are retained, the original grade level shall be maintained so as not to disturb the trees.

Where existing trees are removed along the street right-of-way, supplemental planting, in the form of appropriate street trees, shall be introduced. Such trees shall be planted at intervals of between fifty (50) and one hundred (100) feet and preferably in random patterns.

No trees shall be retained or planted within three (3) feet of the street curb or the sidewalks. If a minimum distance of six (6) feet is maintained between the street curb and the sidewalk, trees may be retained or planted.

A landscape plan shall be developed for industrial, commercial, residential and multifamily residential developments. Such plan shall indicate the vegetation or plant cover which exists and, on the same or separate :;beet, the vegetation or plant cover which will exist when landscaping is completed.

In addition to the trees required along the street right-of-way, the landscape plan shall include all trees and shrubs that will be introduced.

E. Topoaraphv. The existing natural terrain of the proposed subdivision tract shall be retained whenever possible. Cut and fill operations shall be kept to a minimum. Areas with slopes in excess of sixteen (16) percent shall generally not be planned for development. If such slope areas are planned for dexrelopment the building site, consisting of an area of at least fifty (50) feet by eighty (80) feet, shall have a natural slope of less than sixteen (16) percent.

F. Topsoil Protection

(1) Topsoil shall be removed from the area of construction and stored but in no instance shall such topsoil be removed from the development site or used as fill. During storage the topsoil shall be stabilized to minimize erosion and upon completion of construction the stored topsoil must be uniformly distributed on the development site.

0 C - C d . .

22-52

(22, PART 5)

e 1

15

- G. Recreation and Ouen Space.

All residential subdivisions or land development plats submitted after the effective date of this Chapter shall provide for suitable and adequate recreation in order to:

a Insure adequate recreational areas and facilities to serve the future residents of the Township.

Maintain compliance with recreational standards as developed be the National Recreation and Parks Association.

Reduce increasing usage pressure on existing recreational areas and facilities.

Insure that all present and future residents have the ouoortunih, to engage in many and varied recreational pursuits.

Reduce the uossibilitv of the Township becoming overburdened with the development and maintenance of many very small, randomlv planned and widelv separated recreation areas.

&

(cJ

@

@

122 Exemptions and Requirements.

22-53


Number of Dwelling gI&

10-50

50-174 175-374

375-624

625-800

For each additional 75 dwelling units

Minimum Acreage

- 1.5

- 3.0

- 5.5

- 6.5

- 8.0

- 1.5

A maximum of twenty-five (25) percent of the total land area required bv this Section to be provided for recreation may consist of flood- areas.

Such land set aside shall be suitable to serve the uurpose of active and/or passive recreation bv reason of its size, shape, location and touographv and shall be subject to the approval of the Board of Supervisors.

The developer shall satisfv the Board of Supervisors that there are adequate provisions to assure retention and all future maintenance of such recreation areas bv maintaining ownership, or by providing for

-

22-54

(22, PART 5)

and establishing an organization for the ownership and maintenance of the recreation area and such Organization shall not be dissolved nor shall it dispose of the recreation area bv sale or otherwise, except to an organization conceived and established to own and maintain the recreation area, without first offering to dedicate the same to the Township.

Recreation Area Location Criteria. The Planning Commission and Board of Supervisors, in exercising their duties regarding the approval of subdivision and land development plans, shall consider the following criteria in determin-

(3J

ing whether to approve the proposed location of recreation areas in the developer’s subdivision and land development plans:

Where open space is being provided, it shall be located, wherever possible, to provide a buffer from the shading effects of taller structures

Dedication to Municipality.

Site or sites shall be easilv and safelv accessible from all areas of the development to be served, have good ingress and egress and have access to a public road, however, no public road shall traverse the site or sites.

Site or sites shall have suitable topography and soil conditions for use and development as a recreation area.

Size and shape for the site or sites shall be suitable for development as a particular W e of park. Sites will be catevorized by the Township using the standards established bv the National Recreation and Parks Association (Publication No. 10005, as revised).

When desiming and developing these recreation areas, it shall be done according to the standards established by the National Recreation and Parks Association.

Site or sites shall, to the greatest extent practical, be easily accessible to essential utilities, such as water, sewer and electric.

Site or sites shall meet minimum size requirements for usable acreage with respect to National Recreation and Parks Association standards with seventy-five (75) percent of such area having a maximum slope of seven (7) percent.

Recreation sites shall be located in such a manner which allows maximum practical solar access to neighboring structures.

or obstructions on existing or proposed shorter buildings.

In a case where the developer does not wish to retain the required recreation area, such area mav be offered of dedication to the Township for public use.

22-55


a In addition to approving the recreation site areas to be dedicaTed to the Township, the Planning Commission shall make its recommendation to the Board of Suuervisors as to whether the dedication shall be accepted bv the Township.

Such areas dedicated to the Township for public use shall be suitable for recreational uuruoses bv reason of size. shaue. location, top=& and access.

The Planning Commission may find_ dedication to be impractical because of the size, shaue, location, access, touographv, drainage or other phvsical features of the land and that such dedication would adverselv affect the subdivision or land development and its future residents or occupants, or that there is no land area within the uro- posed subdivision which is practical for dedication to the public because of size, access, touographv or other phvsical characteristics.

When the Board of Supervisors deems it to be in the public interest to accept dedicated land, such acceptance shall be by means of a simed resolution to which the properm description of the dedicated recreation area shall be attached.

Fee in Lieu of Dedication.

&) Where the Board of Supervisors agrees with the developer that because of the size, shape, location, access, topography or other physical features of the land that it is impractical to dedicate land to the Township or set aside a recreation area as required bv this Section, the Board of Supervisors shall reauire the pavment of a fee in lieu of dedication of such land which shall be pavable to the Township prior to approval of each final section of the overall plan bv the Board of Supervisors. Such fee shall be calculated bv multiplying the number of dwelling units in each section bv the fee per dwelling unit.

The amount of the fee shall be set from time to time bv resolution of Board of Supervisors.

All monies paid to the Board of Supervisors pursuant to this Section shall be used onlv for the acquisition of and/or capital improvements for park and recreation purposes.

@)

[A.O.]


TABLE A

Minimum street right-of-way and cartway (pavement) widths shall be as follows:

22-56

(22, PART 5)

Arterial Street Right-of-way Cartway

Street Tvue I Required Widths (in feet) I

As determined after consultation with the Township, County and PennDOT

Minor Streets No Parking Permitted Right-of-way Cartwav

Service Street Right-of-way Cartway

40 20

33 20

Parking Permitted Both Sides Right-of-way Cartwav

50 30

Collector Street Right-of-way Cartway Parking Permitted

Township, County and PennDOT

Marginal Access Street Right-of-way Cartway

As determined after consultation with the Township, County and PennDOT As suecified for minor street

22-57


and gutters on minor streets and ten (10) foot stabilized shoulders and gutters on collector streets.

4. Curbs shall be required in all industrial and commercial subdivisions but may bs? deleted at the discretion of the Supervisors.

Curbs shall be constructed in accordance with standards set forth by PennDOT. 5.

22-58

(22, PART 6 )

PART 6

IMPROVEMENT REQUIREMENTS

5601. GENERAL REQUIREMENTS.

1. The provision, construction and installation of all physical improvements in the proposed subdivision tract shall be as noted on the record plan and shall also be in accordance with the requirements of the Board of Supervisors.

The developer shall arrive at an agreement with the Board of Supervisors as to the installation of all improvements shown on the plan and as required by this Chapter. This agreement shall be made prior to review of the final plan by the Supervisors. A complete and executed original copy of the subdivision improvements agreement shall be submitted to the Supervisors prior to their endorsement of the record plan.

The developer shall install and construct all improvements in accordance with the design specifications of the Board of Supervisors. If there are no Township specifications furnished, the Supervisors may require the developer to have specifications prepared by a registered professional engineer at the developer’s expense.

It shall be the responsibility of the Township or of the appropriate State regulatory agency to supervise the installation of those improvements required by 5602.

2.

3.

4.

(Ord. 32, 9/12/1988, 56.00)

5602. IMPROVEMENTS.

1. The improvements that follow shall be provided, constructed and installed by the developer in accordance with the record plan:

A. m. All streets that have been submitted by the developer and approved by the Planning Commission shall be graded to the full width of the right-of- way, surfaced and improved to the grades and dimensions shown on the plans, profiles and cross-sections.

All streets that are intended to be dedicated to public use shall be paved to the full cartway width in accordance with the standards established in Part 5. The pavement base and wearing surface shall be constructed in accordance with the specifications of the Pennsylvania Department of Transportation.

Curbs of either the vertical type or rolled curb and gutter type shall be installed as may be required under the provisions outlined by Table A. Rolled curbs shall not be used on streets with a slope in excess of six (6)

22-59


percent. The transition from one (1) type of curb to another shall be made e only at a street intersection.

In areas where no curbs are used, adequately stabilized gutter:; shall be provided to avoid erosion.

Sidewalks shall be installed in accordance with the following requirements:

(4)

(5)

Sidewalks shall be required on both sides of the street in the following cases:

1) When the lot width is one hundred (100) feet or less as measured at the building setback line.

Where two (2) family or multifamily dwelling 1mits are planned, with the exception that sidewalks shall be required on only one (1) side of the street in the above subdivisions provided there are residential lots on only one (1) side of the street.

2)

Sidewalks may also be required on both sides of the street in subdivisions where lots are one hundred (100) feet or more in width as measured at the building setback line if it would be considered desirable to continue existing sidewalks in adjacent subdivisions or to provide access to community facilities.

Sidewalks shall be required on both sides of the street and adjacent to parking areas in multifamily development.

The location of sidewalks shall be within the street right-of-way no closer than one (1) foot from such right-of-way line and shall be a minimum of four (4) feet wide except along collector and arterial streets and adjacent to community facilities where the minimum width shall be five (5) feet.

A grass planting strip shall be provided between the sidewalk and curb.

Sidewalk construction shall be of concrete a minimum of four (4) inches thick and underlain with a minimum of four (4) inches of compacted crushed stone or gravel.

(6) In instances where a comprehensive interior walkway system is planned for the subdivision, some or all of the requirements established in this Part may be waived at the discretion of the Supervisors.

Where prospective traffic and/or pedestrian safety present unusual or unique conditions, other standards of improvements than those estab-

(7)

22-60

(22, PART 6 )

lished in the above subsections may be required. Crosswalks may be required at locations deemed necessary by the Supervisors.

Adequate subsurface drainage for both streets and underground utilities shall be provided and installed prior to street surfacing.

In all cases where standards for required improvements are not established in this Chapter the applicable standard requirements of the Pennsylvania Department of Transportation shall govern and all work shall be performed in accordance with the standard specifications for road construction of the Department.

(8)

(9)

B. Sanitary Sewers.

The installation of sanitary sewers shall be in accordance with the design standards and requirements established in Part 5 of this Chapter.

When a developer proposes to sell unimproved lots within a subdivision and when individual onlot sewage disposal systems are proposed for use within the subdivision, the developer shall require (by deed restriction or otherwise) as a condition of the sale of each lot within the subdivision that such facilities shall be installed by the purchaser of each lot at the time that a principal building is constructed and in accordance with Part 5 of this Chapter.

The material and size specifications for sanitary sewer mains and laterals shall be in accordance with the requirements of the Pennsylvania Department of Environmental Resources.

C. Water Suuulv and Distribution Svstems.

The installation of all water supply and distribution systems shall be in accordance with the design standards and requirements established in Part 5 of this Chapter.

When a developer proposes to sell unimproved lots within a subdivision and when individual onlot water supply systems are proposed for use within the subdivision, the developer shall require (by deed restriction or otherwise) as a condition of the sale of each lot within the subdivision that such facilities shall be installed by the purchaser of each lot at the time that a principal building is constructed and in accordance with Part 5 of this Chapter.

In cases where a public water supply system or a private centralized water supply system is to serve the subdivision, the minimum size of the water distribution mains within the subdivision shall be six (6) inches in diameter.

22-61


(4) In cases where a public water supply system or a private cmtralized water supply system designed for more than twenty-five (25) dwelling units is to serve the subdivision fire hydrants shall be provided as an integral part of the water supply system. Fire hydrants shall be installed within six hundred (600) feet of all structures as measured by way of accessible streets.

D. Storm Drainage Svstems.

(1) The installation of storm drainage systems shall be in accordance with the design standards and requirements established in Part 5 of this Chapter.

Drainage inlets shall be placed at points of an abrupt change in the horizontal or vertical alignment of storm sewers at points where the water flow in the gutters exceeds three (3) inches and at a maximum spacing of six hundred (600) feet apart. Drainage inlets that are installed in streets shall normally be located along the curb line and at or beyond the curb radius points. For purpose of drainage inlet location, the depth of flow shall be considered for each gutter. The depth of flow across through streets at intersections shall not be greater than one (1) inch. Drainage inlets, either two (2) inches by four (4) inches or two (2) inches by six (6) inches as specified by the Pennsylvania Department of Transportation or equal should be used. Drainage capacities shall be calculated and drainage inlets sized accordingly. Drainage inlets shall be depressed two (2) inches below the grade of the gutter or finished grade. Manholes may be substituted for drainage inlets at locations where drainage inlets are not required to handle surface runoff.

Storm sewers shall be adequately sized and installed on a slope which will provide a minimum velocity of three (3) feet per second when flowing full. Pipes shall be either reinforced concrete or corrugated metal.

Headwalls shall be provided at places where storm runoff enters the storm sewer horizontally from a natural or manmade channel. !Storm sewers shall be calculated for both steady flow and culvert design. The lower calculated value of the two (2) shall be used to determine the capacity for the stormwater.

Open channels shall be designed to adequately handle the calculated runoff from a storm of ten (10) year frequency without overflowing.

(2)

a (3)

(4)

(5)

E. Erosion and Sedimentation Control.

(1) The installation of sedimentation control shall be in accordance with the design standards as established in Part 5 of this Chapter.

During the installation of improvements and the development of the subdivision the responsibility for soil erosion and sedimentation control shall be in accordance with the following requirements: a (2)

22-62

(22, PART 6)

Whenever sedimentation is caused by the stripping of vegetation or other such development it shall be the responsibility of the person, corporation or the entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense as quickly as possible.

It is the responsibility of the developer to maintain all drainage faalities and watercourses within any subdivision or land development until they are accepted by the Board of Supervisors or some other official agency, after which they become the responsibility of the accepting agency.

It is the responsibility of any person, corporation or other entity doing any act on or across a communal stream, watercourse or swale or upon the floodplain or right-of-way thereof to maintain as nearly as possible in its present state the stream, watercourse, swale, floodplain or right-of-way during the period of such activity and to return it to its original or equal condition after such activity is completed.

It is the responsibility of the owner to maintain drainage facilities or watercourses originating and completely on private property to their point of open discharge at the property line or at a communal watercourse within the property.

No person, corporation or other entity shall block, impede the flow of, alter or construct any structure or deposit any material or thing or commit any act which will affect the normal or flood flow of any stream or watercourse without first having obtained prior approval from the Board of Supervisors and from the Pennsylvania Depart- ment of Environmental Resources, whichever is applicable.

When any person, corporation or other entity makes surface changes to the land they shall be required to:

1) Collect and dispose of onsite surface runoff to the point of discharge into the common natural watercourse of the drainage area.

Control existing and potential off-site runoff through his development by designing to adequately handle storm runoff from a fully developed area upstream.

Provide for his proportionate share of compensation for the total cost of off-site improvements based on a fully developed drainage area.

2)

3)

F. Monuments and Markets.

22-63


Permanent monuments of either stone or concrete shall be accurately placed as specified by Part 4, at the intersection of all lines forming angles and at changes in direction of lines in the boundary (perimeter) of the property being subdivided.

Monument construction shall be of either reinforced concrete with minimum dimensions of four (4) inches by four (4) inches by thirty (30) inches or of stone with minimum dimensions of six (6) inches by s i x (6) inches by thirty (30) inches. Concrete monuments shall be scored on the top of the copper or brass dowel (with an indented cross). Stone monuments shall be marked on the top with a proper inscriptton.

AU monuments shall be placed by a registered engineer or surveyor so that the scored point on the top of the monument shall coincide exactly with the point of intersection of the line being monumented.

All monuments shall be set with their top level with surrounding finished grade except:

(a) It is preferred that the tops of monuments that are located within the lines of existing or proposed sidewalks be located beneath the sidewalk so that the lateral movement of the sidewalk will not affect the accuracy of the monument. Where such monuments are located beneath the sidewalk a proper access box shall be provided for their use.

Where sidewalks exist at the time of monument location a stone point (a four (4)-inch square chisel cut in the sidewalk with a drill hole in the center) may be substituted for a monument.

(b)

Monuments shall be placed (preferably on the right-of-way lines) on all streets at the following locations:

(a) A minimum of one (1) monument shall be placed at each intersection.

A monument shall be placed at changes in direction of street lines excluding curb arcs at intersections.

A monument shall be placed at the end of each curved street line excluding curb arcs at intersections.

A monument shall be placed at intermediate points or whenever topographical or other conditions make it impossible to sight between two (2) otherwise required monuments.

Monuments shall be placed along the street lines as determined by the Township Engineer to be necessary so that any street may be easily defined in the future.

(b)

(c)

(d)

(e)

22-64

(22, PART 6)

Markers shall be placed at locations as shown on the final plan.

(a) Markers shall be placed at all points where lot lines intersect curves, either front or rear.

(b) Markers shall be placed at all angles in property lines of lots.

Markers shall consist of iron pipes or steel bars, a minimum of thirty (30) inches long and a minimum of threequarter (3/4) inches in diameter.

G. Street Sims.

(1) Street signs with appropriate names shall be installed at all street intersections. The design and placement of such signs shall be subject to approval by the Township Supervisors..

H. Street Lights.

(1) Street lights, in accordance with the conditions to be agreed upon by the developer, the Supervisors and the appropriate public utility company, are to be installed in all subdivisions.

(Ord. 32, 9/12/1988,§6.10)

22-65


COMPLETION OF IMPROVEMENTS OR GUARANTEE THEREOF PREREOUI- SITE TO FINAL PLAT APPROVAL.

No plat shall be finallv approved unless the streets on such plat have been improved to a mud-free or otherwise permanentlv passable condition, or improved as mav be otherwise required bv this Chapter and any walkwavs, curbs, gutters, street lights, fire hvdrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required bv this Chapter have been installed in accordance with this Chapter. In lieu of the completion of anv improvements required as a condition for the final approval of a plat, including improvements or fees otherwise required by this Chapter, the developer may deposit with the Township financial securifv in an amount sufficient to cover the costs of such improvements or common amenities including basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which mav be required.

When requested bv the developer, in order to facilitate financing, the Board of Supervisors, shall furnish the developer with a signed copv of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactorv financial security. The final plat or record plan shall not be signed nor recorded until

- 1.

2-

22-66

(22, PART 6)

the finanaal improvements ameement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security ameement is not executed w i h 90 davs unless a written extension is wanted bv the Board of Supervisors; such extension shall not be unreasonablv withheld and shall be placed in writ in^ at the request of the developer.

Without limitation as to other tvpes of h a n a a l security which the Township may approve, which approval shall not be unreasonablv withheld, Federal or Common- wealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this Section.

Such financial security shall be posted with a bonding companv or Federal or Commonwealth chartered lending institution chosen bv the party posting the financial security, provided said bonding companv or lending institution is authorized to conduct such business within the Commonwealth.

Such bond or other securitv shall provide for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accomuanving agreement for completion of the improvements.

The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion bv the developer. Annually, the Township may adiust the amount of the financial security bv comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the ninetieth dav after either the o r i ~ n a l date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to assure that the financial security equals said 110%. Anv additional security shall be posted bv the developer in accordance with this subsection.

The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted bv the applicant or developer and prepared by a professional engineer licensed as such in this Commonwealth and certified bv such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified bv another professional engineer licensed as such in this Commonwealth and chosen mutually bv the Township and the applicant or developer. The estimate certified bv the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a thrd engineer is so chosen, fees for the services of said engineer shall be paid equallv bv the Township and the applicant or developer.

If the partv posting the financial security resuires more than 1 year from the date of posting of the financial security to complete the required improvements, the amount of financial securitv mav be increased by an additional 10% for each 1 year period

- 3.

- 4.

- 5.

- 6.

- 7.

- 8.

22-67


beyond the first anniversary date from posting of financial securitv or to an amount not exceeding 110% of the cost of comuleting the required improvcments as reestablished on or about the exuiration of the preceding 1 vear period bv using the

~ . . - . ~- above biddinp urocedure.

- 9. In the case where develoument is uroiected over a ueriod of vears, the Board of Supervisors may authorize submission of final plats bv sections or stages of develoument subiect to such requirements or euarantees as to improvements in future sections or s t a m of development as it finds essential for the protection of anv finally approved section of the develoument.

As the work of installing the required improvements proceeds. the uartv uosting the financial securitv mav request the Board of Supervisors to release or authorize the release. from time to time. of such uortions of the financial security n e c e s s a d payment to the contractor or contractors uerforminrr the work. Anv such requests shall be in writinrr addressed to the Board of Supervisors, and the Board of Supervisors shall have 45 davs from receipt of such request within which to allow the Township E n h e e r to certifv. in writing. to the Board of Supervisors that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification the Board of Supervisors shall authorize release bv the bondinv companv or lendinq institution of an amount as estimated bv the Township Engineer fairly representing the value of the imurovements completed or, if the Board of Supervisors fails to act within said 45 dav period, the Board of Supervisors shall be deemed to have approved the release of funds as requested. The Board of Supervisors may, prior to final release at the time of completion and certification bv its engineer, require retention of 10% of the estimated cost of the aforesaid improvements.

Where the Board of Supervisors accepts dedication of all or some of the required imurovements following completion. the Board of Supervisors mav require the posting of financial securitv to secure structural intemitv of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication. Said financial securitv shall be of the same tvpe as otherwise required in this Section with regard to installation of such improvements, and the amount of the financial securitv shall not exceed 15% of the actual cost of installation of said improvements.

If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the iurisdiction and pursuant to the rules and remlations of a public utilitv or municipal authoritv separate and distinct trom the Township, financial securitv to assure proper completion and maintenance the& shall be posted in accordance with the redations of the controlling public utility or municipal authoritv and shall not be included within the financial securitv as otherwise required bv this Section.

If financial securitv has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this Section, the Township shall not condition the issuance of building, grading or other -I& relating to the erection or placement of improvements. including buildings, upon the

- 10.

- 11.

- 12.

- 13.

22-68

(22, PART 6)

lots or land as depicted upon the final plat upon actual comuletion of the improvements deuicted upon the apuroved final plat. Moreover, if said financial securitv has been provided, occuuancv permits for anv building or buildings to be erected shall not be withheld following the improvement of the streets providing access to and from existinv uublic roads to such buildine or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the apuroved ulat. either upon the lot or lots or bevond the lot or lots in auestion if such improvements are necessary for the reasonable use of or occupancv of the building or buildings.


RELEASE FROM IMPROVEMENT BOND.

When the develouer has comuleted all of the necessary and apurouriate imurovements, the developer shall notify the Board of Supervisors, in writing, bv certified or registered mail, of the completion of the aforesaid imurovements and shall send a couv thereof to the Townshiu Engineer. The Board of Supervisors shall, within 10 davs after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Townshiu Engineer shall, thereuuon. file a report in writing. with the Board of Supervisors, and shall promutlv mail a couv of the same to the developer bv certified or registered mail. The reuort shall be made and mailed within 30 days after receiut bv the Townshiu Engineer of the aforesaid authorization from the Board of Supervisors; said reuort shall be detailed and shall indicate approval or reiection of said imurovements, either in whole or in part, and if said imurovements, or any portion thereof, shall not be approved or shall be rejected by the Townshiu Engineer, said reuort shall contain a statement of reasons for such nonauuroval or reiection.

The Board of Supervisors shall notifv the develouer, within 15 days of receipt of the Engineer’s reuort, in writing bv certified or recristered mail of the action of said Board of Suuervisors with relation thereto.

If the Board of Suuervisors or the Townshiu Engineer fails to complv with the time limitation urovisions contained herein, all imurovements will be deemed to have been auuroved and the develouer shall be released from all liabilitv, pursuant to its performance marantv bond or other securitv agreement.

If any uortion of the said improvements shall not be approved or shall be rejected by the Board of Supervisors, the develouer shall uroceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.

- 1.

- 2.

- 3.

- 4.

- 5. Nothine herein, however, shall be construed in limitation of the developer’s right to contest or question bv legal uroceedings or otherwise anv determination of the Board of Suuervisors or the Townshiu Engineer.

a 22-69


- 6. Where herein reference is made to the Townshiu Engineer. he shall be a dulv redstered urofessional engineer emuloved bv the Townshiu or engaEed as a consultant thereto.

The auulicant or develouer shall reimburse the Townshiu for the reasonable and necessary expense incurred for the inspection of imurovements according to a schedule of fees adouted bv resolution of the Board of Suuervisors and as from time to time amended. Such expense shall be reasonable and in accordance with the ordinary and customarv fees charged bv the Townshiu Engineer or consultant for work performed for similar services in the communitv, but in no event shall the fees exceed the rate or cost charged bv the Engineer or consultant to the Townshiu when fees are not reimbursed or otherwise imuosed on auulicants.

- 7.

A. -

B. -

- C.

D-

- E.

In the event the auulicant disuutes the amount of any such expense in connection with the insuection of imurovements, the auulicant shall, within 10 working davs of the date of billing. notify the Township that such expenses are disuuted as unreasonable or unnecessarv, in which case the Township shall not delav or disauurove a subdivision or land develoument application or any approval or uermit related to development due to the auplicant’s request over disputed e n h e e r expenses.

If. within 20 davs from the date of billing, the Township and the applicant cannot agree on the amount of exuenses which are reasonable and n e c e s e then the auulicant and the Townshiu shall iointly, bv mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsvlvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessarv.

The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole ouimni deems necessarv and render a decision within 50 days of the billing date. The auplicant shall be required to pay the entire amount determined in the decision immediately.

In the event that the Townshiu and apulicant cannot agree upon the professional e n ~ n e e r to be aupointed within 20 days of the billing date, then, u r n application of either partv, the President Tudge of the court of common pleas of the iudicial district in which the Township is located (or if at the time there be no President ludge, then the senior active iudge then sitting) shall auuoint such enpineer, who, in that case, shall be neither the Townshiu Encineer nor any professional engineer who has been retained bv, or performed services for the Townshiu or the applicant within the ureceding 5 years.

The fee of the appointed urofessional e n h e e r for determining the reasonable and necessarv exuenses shall be paid bv the auulicant if the amount of pavment required in the decision is equal to or greater than the original bill. If the amount of pavment required in the decision is less than the original bill by $1,000 or more, the Townshiu shall pay the fee of the professional engineer, but

22-70

(22, PART 6)

otherwise the Township and the auulicant shall each pay 1/2 of the fee of the auuointed urofessional eneineer.

(Ord. 32,9/12/1988; as added by A.O.

REMEDIES TO EFFECT COMPLETION OF IMPROVEMENTS.

In the event that any improvements which may be required have not been installed as provided in this Chapter or in accord with the auuroved final plat. the Board of Supervisors is hereby =anted the uower to enforce anv coruorate bond or other securitv bv appropriate legal and equitable remedies. If the proceeds of such bond or other securitv are insufficient to pav the cost of installing or making reuairs or corrections to all the improvements covered bv said securitv. the Board of Supervisors may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the securitv or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered bv such securitv and not for any other Township purpose.

I (Ord. 32,9/12/1988; as added by A.O.

22-73

(22, PART 7)

PART 7

ADMINISTRATION

9701. AMENDMENTS.

- 1. Amendments to this Chapter shall become effective only after a public hearing held pursuant to public notice. A brief summaw setting forth the principal provisions of the proposed amendment and a reference to the dace within the Township] where copies of the proposed amendment may be secured or examined shall be incorporated in the public notice. Unless the proposed amendment shall have been prepared by the Planning Commission, the Board of Supervisors shall submit the amendment to the Planning Commission at least thirtv (30) days prior to the hearing on such amendment to provide the Planning Commission an opporhmih, to submit recommendations. In addition, at least thirtv (30) days prior to the public hearing on the amendment, thc Township shall submit the proposed amendment to the Countv planning agency for recommendations.

Within thirtv (30) days after adoption, the Board of Supervisors shall forward a certified copy of the amendment to the County planning agency.

Proposed amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this Section, and shall include the time and place of the meeting at which passage will be considered. a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Board of Supervisors shall publish the proposed amendment once in a newspaper of general circulation in the Township1 not more than sixty 601 days nor less than seven (7) days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township solicitor and setting forth all the orovisions in reasonable detail. If the fu l l text is not included:

- A.

- 2.

- 3.

A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.

22-73


- B. An attested copy of the proposed amendment shall be filed in the Couniy law librarv (or other Countv office desimated bv the Countv C o m m i s s i o d

- 4. In the event substantial amendments are made in the proposed amendment, before voting uuon enactment, the Board of Suuervisors shall. at least ten (10) davs prior to enactment, readvertise, in one (1) newspaper of general circulation in the ‘rownshipl, a brief summary setting forth all the urovisions in reasonable detail together with a summary of the amendments.


s702. APPEALS.

The decision of the Township Board of Supervisors in regard to approving or disapproving this Chapter may be appealed directly to court in the manner and within the time limitations as provided for in the Pennsylvania Municipalities Planning Code.

(Ord. 32, 9/12/1988, 57.10)

5703. PREVENTIVE REMEDIES.

1- In addition to other remedies, the Townshiu may institute and maintain auurouriate actions bv law or in eauitv to restrain, correct or abate violations, to urevent unlawful

22-74

(22, PART 7)

construction, to recover damages and to urevent illegal occuuancv of a building, structure or uremises. The description bv metes and bounds in the instrument of transfer or other documents used in the Process of selling or transferring shall not exempt the seller or transferor from such uenalties or from the remedies herein provided.

The Township mav refuse to issue any permit or grant any auproval necessary to further imurove or develou anv real urouertv which has been develoued or which has resulted from a subdivision of real propertv in violation of this Chapter. This authoritv to denv such a uermit or auuroval shall auulv to any of the following a p u 1 i can t s :

- A.

- 8.

- 2.

The owner of record at the time of such violation.

The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.

The current owner of record who acquired the propertv subseouent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.

The vendee or lessee of the current owner of record who acauired the urouertv subseauent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.

- C.

- D.

- 3. As an additional condition for issuance of a permit or the granting of an auuroval to any such owner, current owner, vendee or lessee for the development of any such real propertv, the Township may require compliance with the conditions that would have been applicable to the prouertv at the time the applicant acquired an interest in such real urouertv.

a

(Ord. 32,9/12/1988,§7.30; as added by A.O.


- 1. Anv person, partnership or corporation who or which has violated the provisions of this Chauter shall, upon being found liable therefor in a civil enforcement proceeding commenced bv the Township, pay a judgment of not more than five hundred (S500.00) dollars plus all court costs, inchding reasonable attorney fees incurred bv the Township as a result thereof. No iudgment shall commence or be imposed, levied or pavable until the date of the determination of a violation bv the district iustice. If the defendant neither uavs nor timely appeals the iudgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each dav that a violation continues shall constitute a separate violation, unless the district iustice determining that there has been a violation further determines that there was a good faith basis for the person, partnership. or corporation violating this Chapter to have believed that there was no such violarion, in which event there shall be dccmed to

22-75


have been only one such violation until the fifth (5th) dav following the adate of the determination of a violation bv the district iustice and thereafter each dav that a violation continues shall constitute a smarate violation.

The court of common uleas. upon uetition, may grant an order of stay, q o n cause shown, tolling the uer diem iudgment pendmv a final adiudication of the violation and judgment.

Nothing contained in this Section shall be construed or intermeted to grant i o any person or entitv other than the Township the right to commence anv action for enforcement pursuant to this Section.

District iustices shall have initial iurisdiction in proceedings brought under this Section.

- 2.

- 3.

- 4.

(Ord. 32,9/12/1988, $7.30; as amended by A.O.

5705. VALIDITY AND CONFLICTS.

1. Should any Part or provision of this Chapter be declared by the courts to be invalid, such decision shall not affect the validity of this Chapter as a whole nor the validity of any other Part or provision of this Chapter than the one so declared.

When a conflict arises between the minimum standards or requirements established in this Chapter with those contained in other Township ordinances and regulations or other applicable laws and regulations, the most stringent standard or requirement shall

2.

apply.

(Ord. 32, 9/12/1988, 57.30)

5706. FEES.

1. The Township Supervisors, by resolution, shall establish a collection procedure and schedule of fees to be paid by the developer at the time of filing the preliminary plan.

Charges for field inspections shall be established on the basis of the number of lots to be inspected in the case of a subdivision or the total acreage of the tract in the case of a land development.

No final plan shall be approved unless all fees and charges are paid in full.

2.

3.

- 4. Review Fees.

- A. Review fees shall include the reasonable and necessary charges bw the Township’s professional consultants or engineer for review and rer)ort t& Township. and shall be set bv resolution. Such review fees shall be reasonable and in accordance with the ordinary and customarv charges bv the Township ennineer or consultant for similar service in the communitv, but in no event

22-76

B. -

- C.

[A.O.]

shall the fees exceed the rate or cost chareed bv the en-eer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants.

In the event the applicant disputes the amount of any such review fees, the applicant shall, within ten (10) davs of the billinz date, notify the Township that such fees are disputed, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant’s request over disuuted fees.

In the event that the Township and the applicant cannot agree on the amount of review fees which are reasonable and necessarv, then the fees shall be recalculated and recertified bv another professional en&eer licensed as such in this Commonwealth and chosen mutuallv bv the Township and the applicant or developer. The estimate certified bv the third engineer shall be presumed fair and reasonable and shall be the final estimate. .In the event that a third engineer is so chosen, fees for the services of said en&eer shall be paid equally bv the Township and the applicant or developer.

( a d . 32,9/12/1988,§7.40; as amended by A.O.

22-77

(22, PART 8)

PART 8

APPENDICES

APPENDIX A

PRELIMINARY SOILS INVESTIGATION CERTIFICATION

The following certification, in the wording shown, must be labelled and completed on The Sketch Plan for Record or the Preliminary Subdivision Plan:

The undersigned, being the governing Sewage Enforcement Officer, has conducted a preliminary soils investigation for the subdivision shown on this plan.

The preliminary soils investigation does not guarantee that any individual lot will qualify for a sewage permit for any type of septic system.

It will be the responsibility of the prospective buyer for each individual lot to obtain a sewage permit before any septic system is constructed on that lot.

0 SEWAGE ENFORCEMENT OFFICER CERTIFICATION NO.

22-79

(22, PART 8)

1.

APPENDIX B

APPLICATION FOR SUBMISSION OF SUBDIVISION PLANS

APPLICATION FOR REVIEW OF SKETCH SUBDMSION PLAN.

To: The Hubley Township Supervisors

Application is hereby made for the review of a Sketch Plan of a proposed subdivision of land hereinafter more particularly described:

A.

B.

C.

D.

E.

F.

G.

H.

I.

Name of Applicant: Address:

Phone:

Name and address of present owner (if other than " A above.) Name: Address:

Interest of applicant if other than owner:

Location of subdivision: Street, L.R. Number: Municipality: Tax Map Block Lot Numbers:

Proposed number of lots:

Area of entire tract: subdivided

Development plans:

(1) (2) To construct houses for sales?: (Yes or No) - (3) Other:

Name and address of person preparing Sketch Plan. Name: Address: Phone:

Signature of applicant:

Area of portion being

To only sell lots?: (Yes or No)

22-81


For Townshiu Use Only

Received by Township Secretary:

Signature:

Date:

Action of the Supervisors: Classified as exempt from Standards Procedures by unanimous action. (Yes or No)

Classified not exempt: (Yes or No)

Signature of Supervisors if classified as exempt:

Date:

22-82

(22, PART 8)

2. APPLICATION FOR REVIEW OF PRELIMINARY SUBDMSION PLAN.


A.

B.

C.

D.

E.

F.

G.

I.

J.

K.

Application is hereby made for tentative approval of the Preliminary Plan of a subdivision hereinafter more particularly described:

Name of Applicant Address:

Phone:


Interest of applicant if other than owner:

Date classified as not exempt by the Planning Commission:

Location of subdivision: Street, L.R. Number: Municipality: Tax Map Block Lot Numbers:

Area of entire tract: - Development plans:

(1) (2)

(3) Other:

Deed restrictions that apply or are contemplated (If no restrictions, state "None." If "Yes," attach copy.)

Name and profession of person designing the Preliminary Plan. Name: Address: Phone:

List of improvements and utilities and intentions to install or post performance guarantee prior to final approval.

IMPROVEMENT INTENTION

Area of portion being subdivided

To only sell lots?: (Yes or No) To construct houses for sales?; (Yes or No)

22-83


L. List of maps and other material accompanying application and the number of each.

M. Signature of applicant:

For Townshiu Use Onlv

Received by Township Secretary

Signature:

Date:

Fee Collected:

Action of the Supervisors:

Date: Approved:

Signature of Supervisors’ Chairman;

22-84

(22, PART 8)

I 3. APPLICATION FOR REVIEW OF FINAL SUBDMSION PLAN


Application is hereby made for final approval of a Final Plan of a proposed subdivision as shown and described on the accompanying maps and documents.

A. Name of Applicant: Address:

Phone:


B.

C. Date of tentative approval of Preliminary Plan.

D. Does the Final Plan follow exactly the Preliminary Plan in regard to details and area covered; (Yes or No.) If "No," describe and attach copy.

E. Number of lots proposed for Final Approval

F. List of maps and other material accompanying application and the number of each.

NUMBER

G. Signature of applicant:

FOR TOWNSHIP USE ONLY

Received by Township Secretary

Signature:

22-85


SUBDMSION IMPROVEMENTS AGREEMENT

A completed Subdivision Improvements Agreement Form must be submitted and accepted prior to Final Plan approval.

22-86

(22, PART 8)

APPENDIX C

SUBDIVISION IMPROVEMENTS AGREEMENT

In consideration of the mutual covenants contained herein, it is hereby agreed between the Board of Supervisors of the Township of Hubley and

, the subdivider/developer of the property shown on the plan of , dated , 19, that in accordance with Township requirements and speafications, the responsibility for the provision of the improvements shown on the plan will be as follows;

IMPROVEMENT TO BE PROVIDED B Y

Estimated Costs Subdivider Township Other

Street Grading Street Base Street Paving Curbs Sidewalks Storm Sewer Facilities Sanitary Sewers:

Trunk Lines Mains House Connections

On-Site Sewage Facilities Water Mains On-Site Water Supply Fire Hydrants Street Monuments Street Name Signs Street Lights

Supervision of All Installations

Prior to the Township Supervisor’s endorsement of the Record Plan of this Aformentioned subdivision, an original copy of this agreement shall be filed with the Township Supervisors.

This agreement shall, of course, be subject to such modifications as may be mutually agreed upon by the subdivider and the Township.

Witness Signature of Subdivider

22-87

CHAPTER 23

SWIMMING POOLS


23-1

CHAPTER 24

TAXATION, SPECIAL

PART 1

REALTY TRANSFER TAX

5101. Short Title 5102. Authority 5103. Definitions 5104. Imposition of Tax; Interest 5105. Exempt Parties 9106. Excluded Transactions 5107.

5108. Acquired Company 5109. Credits Against Tax 5110. Extension of Lease 5111. Proceeds of Judicial Sale 5112. Duties of Recorder of Deeds 5113. Statement of Value 5114. Civil Penalties

Documents Relating to Associations or Corporations and Members, Partners, Stockholders or Shareholders Thereof

6115. Lien

5117. Regulations 0 5116. Enforcement

PART 2

EARNED INCOME AND NET PROFITS TAX

5201. Incorporation of Statute 5202. Imposition of Tax 5203. Declarations, Returns and Payment of Tax 5204. Collection at Source 5205. Administration 5206. Interest and Penalties for Late Payment 5207. Penalties for Violation

PART 3

PER CAPITA TAX

5301. Authority for Enactment 6302. "Resident" Defined 6303. Imposition of Tax 0 9304. Collection

24-1

(24, PART 1)

PART 1

REALTY TRANSFER TAX

5101. SHORT TITLE.

This Part shall be known as the "Realty Transfer Tax Ordinance of Hubley Township."

(Ord. 31, 12/28/1987, 51)

5102. AUTHORITY.

A realty transfer tax for general revenue purposes is hereby imposed upon the transfer of real estate or interest in real estate situated within the Township, regardless of where the documents making the transfer are made, executed or delivered or where the actual settlements on such transfer took place as authorized by Article XI-D, "Local Real Estate Transfer Tax," 72 P.S. 58101-D

(Ord. 31,12/28/1987,§2)

x.

5103. DEFINITIONS.

ASSOCIATION - a partnership, limited partnership or any other form of unincorporated enterprise owned or conducted by two (2) or more persons other than a private trust or decedent's estate.

CORPORATION - a corporation, joint-stock association, business trust or banking institution which is organized under the laws of this Commonwealth, the United States or any other state, territory, foreign country or dependency.

DOCUMENT - any deed, instrument or writing which conveys, transfers, demises, vests, confirms or evidences any transfer or demise of title to real estate but does not include wills, mortgages, deeds of trust or other instruments of like character given as security for a debt and deeds of release thereof to he debtor, land contracts whereby the legal title does not pass to the grantee until the total consideration specified in the contract has been paid or any cancellation thereof unless the consideration is payable over a period of time exceeding thirty (30) years or instruments which solely grant, vest or confirm a public utility easement. "Document" shall also include a declaration of acquisition required to be presented for recording under 5108 of this Part.

FAMILY FARM CORPORATION - a corporation of which at least seventy-five (75) percent of its assets are devoted to the business of agriculture and at least seventy-five (75) percent of each class of stock of the corporation is continuously owned by members of the same family. The business of agriculture shall not be deemed to include:

24-3

TAXATION, SPECIAL

A. Recreational activities such as, but not limited to, hunting, fishing, camping, skiing, show competition or racing.

The raising, breeding or training of game animals or game buds, fish, cats, dogs or pets or animals intended for use in sporting or recreational activities.

8.

C. Fur farming.

D. Stockyard and slaughterhouse operations.

E. Manufacturing or processing operations of any kind.

MEMBERS OF THE SAME FAMILY - any individual, such individual's brothers and sisters, the brothers and sisters of such individual's parents and grandparents, the ancestors and lineal descendants of any of the foregoing, a spouse of any of the foregoing and the estate of any of the foregoing. Individuals related by the half-blood or legal adoption shall be treated as if they were related by the whole-blood.

PERSONS - every natural person, association or corporation. Whenever used in any clause prescribing and imposing a fine or imprisonment or both, the term "person," as applied to associations, shall include the responsible members or general partners thereof and as applied to corporations, the officers thereof.

REAL ESTATE - A. All lands, tenements or hereditaments within this Township including, without

limitation, buildings, structures, fixtures, mines, minerals, oil, gas, quarries, spaces with or without upper or lower boundaries, trees and other improvements, immovables or interests which by custom, usage or law pass with a conveyance of land but excluding permanently attached machinery and equipment in an industrial plant.

B. A condominium unit.

C. A tenant-stockholder's interest in a cooperative housing corporation, trust or association under a proprietary lease or occupancy agreement.

REAL ESTATE COMPANY - a corporation or association which is primarily engaged in the business of holding, selling or leasing real estate, ninety (90) percent or more of the ownership interest in which is held by thirty-five (35) or fewer persons and which

A. Derives sixty (60) percent or more of its annual gross receipts from the ownership or disposition of real estate.

Holds real estate, the value of which comprises ninety (90) percent or more of the value of its entire tangible asset holdings exclusive of tangible asjets which are freely transferable and actively traded on an established market.

B.

TITLE TO REAL ESTATE -

24-4

(24, PART 1)

A. Any interest in real estate which endures a period of time, termination of which is not fixed or ascertained by a specific number of years including, without limitation, an estate in fee simple, life estate or perpetual leasehold.

Any interest in real estate enduring for a period of time, the termination of which is not fixed or ascertained by a specific number of years including, without limitation, an estate in fee simple, life estate or perpetual leasehold including without limitation a leasehold interest or possessory interest under a lease or occupancy agreement for a term of thirty (30) years or more or a leasehold interest or possessory interest in real estate in which the lessee has equity.

B.

TRANSACTION - the making, executing, delivering, accepting or presenting for recording of a document.

VALUE - A. In the case of any bona fide sale of real estate at arm's length for actual

monetary worth, the amount of the actual consideration therefor, paid or to be paid, including liens or other encumbrances thereon existing before the transfer and not removed thereby, whether or not the underlying indebtedness is assumed and ground rents or a commensurate part thereof where such liens or other encumbrances and grounds rents also encumber or are charged against other real estate; provided, that where such documents shall set forth a nominal consideration, the "value" thereof shall be determined from the price set forth in or actual consideration for the contract of sale.

In the case of a gift, sale by execution upon a judgment or upon the foreclosure of a mortgage by a judicial officer, transactions without consideration or for consideration less than the actual monetary worth of the real estate, a taxable lease, an occupancy agreement, a leasehold or possessory interest, any exchange of properties, or the real estate of an acquired company, the actual monetary worth of the real estate determined by adjusting the assessed value of the real estate for local real estate tax purposes by the common level ratio factor developed by the Pennsylvania Department of Revenue for Pennsylvania realty transfer tax base calculations.

B.

C. In the case of an easement or other interest in real estate, the value of which is not determinable under subsection (A) or (B), the actual monetary worth of such interest.

The actual consideration for or actual monetary worth of any executory agreement for the construction of buildings, structures or other permanent improvements to real estate between the grantor and other persons existing before the transfer and not removed thereby or between the grantor, the agent or principal of the grantor of a related corporation, association or partnership

D.

and the grantee existing before or effective-with the transfer.

(Ord. 31, 12/28/1987,53)

24-5

TAXATION, SPECIAL

5104. IMPOSITION OF TAX; INTEREST.

1.

2.

3.

4.

Every person who makes, executes, delivers, accepts or presents for recording any document or in whose behalf any document is made, executed, delivered, accepted or presented for recording shall be subject to pay for and in respect to the tramaction, or any part thereof, a tax at the rate of one (1) percent of the value of the real estate represented by such document, which tax shall be payable at the earlier of the time the document is presented for recording or within thirty (30) days of acceptance of such document or within thirty (30) days of becoming an acquired company.

The payment of the tax imposed herein shall be evidenced by the affixing of an official stamp or writing by the recorder of deeds whereon the date of the payment of the tax, amount of the tax and the signature of the collecting agent shall be set forlh.

It is the intent of this Chapter that the entire burden of the tax imposed herein on a person or transfer shall not exceed the limitations prescribed in the Local Tax Enabling Act, Act of December 31, 1965, P.L. 1257, 53 P.S. 96901 x., so that if any other political subdivision shall impose or hereafter shall impose such tax on the same person or transfer then the tax levied by the Township, under the authority cif that Act shall during the time such duplication of the tax exists, except as hereinafter otheiwise provided, be one-half (1/2) of the rate and such one-half (1/2) rate shall become effective without any action on the part of the Township; provided, however, that the Township and any other political subdivision which impose such tax on the :jame person or transfer may agree that, instead of limiting their respective rates to one-half (1/2) of the rate herein provided, they will impose respectively different rates, the total of which shall not exceed the maximum rate permitted under The Local Tax Enabling Act.

If for any reason the tax is not paid when due, interest at the rate in effect at the time the tax is due shall be added and collected.

(Ord. 31,12/28/1987,§4)

5105. EXEMPT PARTIES.

The United States, the Commonwealth or any of their instrumentalities, agencies or political subdivisions shall be exempt from payment of the tax imposed by this Part. The exemption of such governmental bodies shall not, however, relieve any other party to a transaction from liability for the tax.

(Ord. 31, 12/28/1987, 55)

5106. EXCLUDED TRANSACTIONS.

The tax imposed by §lo4 shall not be imposed upon:

24-6

(24, PART 1)

A.

B.

C.

D.

E.

E.

G.

H.

I.

J.

A transfer to the Commonwealth or to any of its instrumentalities, agencies or political subdivisions by gift, dedication or deed in lieu of condemnation or deed of confirmation in connection with condemnation proceedings or a reconveyance by the condemning body of the property condemned to the owner of record at the time of condemnation, which reconveyance may include property line adjustments provided said reconveyance is made within one (1) year from the date of condemnation.

A document which the Township is prohibited from taxing under the Constitu- tion or statutes of the United States.

A conveyance to a municipality, Township, school district or county pursuant to acquisition by the municipality, Township, school district or county of a tax delinquent property at sheriff sale or tax claim bureau sale.

A transfer for no or nominal actual consideration which corrects or confirms a transfer previously recorded but which does not extend or limit existing record legal title or interest.

A transfer of division in kind for no or nominal actual consideration of property passed by testate or intestate succession and held by cotenants; however, if any of the parties take shares greater in value than their undivided interest, tax is due on the excess.

A transfer between husband and wife, between persons who were previously husband and wife who have since been divorced; provided, the property or interest therein subject to such transfer was acquired by the husband and wife or husband or wife prior to the granting of the final decree in divorce, between parent and child or the spouse of such child, between brother or sister or spouse of a brother or sister and between a grandparent and grandchild or the spouse of such grandchild, except that a subsequent transfer by the grantee within one (1) year shall be subject to a tax as if the grantor were making such transfer.

A transfer for no or nominal actual consideration of property passing by testate or intestate succession from a personal representative of a decedent to the decedent’s devisee or heir.

A transfer for no or nominal actual consideration to a trustee or an ordinary trust where the transfer of the same property would be exempt if the transfer was made directly for the grantor to all of the possible beneficiaries, whether or not such beneficiaries are contingent or specifically named. No such exemption shall be granted unless the recorder of deeds is presented with a copy of the trust instrument that clearly identifies the grantor and all possible beneficiaries.

A transfer for no or nominal actual consideration from a trustee to a beneficiary of an ordinary trust.

A transfer for no or nominal actual consideration from trustee to successor trustee.

24-7

TAXATION, SPECIAL

K.

L.

M.

N.

0.

P.

Q.

R.

A transfer (1) for no or nominal actual consideration between prirsipal and agent or straw party; or (2) from or to an agmt or straw party where, if the straw party were his prinapal, no tax would be imposed under this Part. Where the document by which title is acquired by a grantee or statement of , d u e fails to set forth that the property was acquired by the grantee from or for the benefit of his principal there is a rebuttable presumption that the property is the property of the grantee in his individual capacity if the grantee claims an exemption from taxation under this subsection.

A transfer made pursuant to the statutory merger or consolidation of i i corporation or statutory division of a nonprofit corporation, except where the Department reasonably determines that the primary intent for such merger, consolidation or division is avoidance of the tax imposed by this Part.

A transfer from a corporation or association of real estate held of record in the name of the corporation or association where the grantee owns stock of the corporation or an interest in the association in the same proportion as his interest in or ownership of the real estate being conveyed and where the stock of the corporation or the interest in the association has been held by the grantee for more than two (2) years.

A transfer from a nonprofit industrial development agency or authority to a grantee of property conveyed by the grantee to that agency or authority as security for a debt of the grantee or a transfer to a nonprofit industrial development agency or authority.

A transfer from a nonprofit industrial development agency or authority to a grantee purchasing directly from it but only i f

(1) The grantee shall directly use such real estate for the primary purpose of manufacturing, fabricating, compounding, processing, publishing, research and development, pollution control, warehousing or agriculture.

The agency or authority has the full ownership interest in the real estate transferred.

(2)

A transfer by a mortgagor to the holder of a bona fide mortgage in default in lieu of a foreclosure or a transfer pursuant to a judicial sale in which the successful bidder is the bona fide holder of a mortgage unless the holder assigns the bid to another person.

Any transfer between religious organizations or other bodies or persons holding title for a religious organization if such real estate is not being or has not been used by such transferor for commercial purposes.

A transfer to a conservancy which possesses a tax exempt status pursuant to §501(c)(3) of the Internal Revenue Code of 1954, 68A Stat. 3,26 U.S.C. §501(c)(3) and which has as its primary purpose scenic, agricultural or open space opportunities.

24-8

(24, PART 1)

S.

T.

U.

V.

A transfer of real estate devoted to the business of agriculture to a family farm corporation by a member of the same family which directly owns at least seventy-five (75) percent of each class of the stock thereof.

A transfer between members of the same family of an ownership interest in a real estate company or family farm corporation.

A transaction wherein the tax due is one dollar ($1.00) or less.

Leases for the production or extraction of coal, oil, natural gas or minerals and assignments thereof.

In order to exercise any exclusion provided in this Section the true, full and complete value of the transfer shall be shown on the statement of value. A copy of the Pennsylvania Realty Transfer Tax Statement of Value may be submitted for this purpose. For leases of coal, oil, natural gas or minerals the statement of value may be limited to an explanation of the reason such document is not subject to tax under this Part.

(Ord. 31, 12/28/1987,§6)

5107. DOCUMENTS RELATING TO ASSOCIATIONS OR CORPORATIONS AND MEMBERS, PARTNERS, STOCKHOLDERS OR SHAREHOLDERS THEREOF.

Except as otherwise provided in 5106, documents which make, confirm or evidence any transfer or demise of title to real estate between associations or corporations and the members, partners, shareholders or stockholders thereof are fully taxable. For the purposes of this Part, corporations and associations are entities separate from their members, partners, stockholders or shareholders.

(Ord. 31,12/28/1987, 57)

5108. ACQUIRED COMPANY.

1. A real estate company is an acquired company upon a change in the ownership interest in the company, however effected, if the change does not affect the continuity of the company and of itself or together with prior changes has the effect of transferring, directly or indirectly, ninety (90) percent or more of the total ownership interest in the company within a period of three (3) years.

With respect to real estate acquired after February 19,1986, a family farm corporation is an acquired company when, because of voluntary or involuntary dissolution, it ceases to be a family farm corporation or when, because of issuance or transfer of stock or because of acquisition or transfer of assets that are devoted to the business of agriculture, it fails to meet the minimum requirements of a family farm corporation under this Part.

2.

24-9

TAXATION, SPECIAL

3. Within h r t y (30) days after becoming an acquired company, the company shall present a declaration of acquisition with the recorder of each county in which it holds real estate for the affixation of documentary stamps and recording. Such declaration shall set forth the value of real estate holdings of the acquired company in such county. A copy of the Pennsylvania Realty Transfer Tax Declaration of Acquisition may be submitted.

( a d . 31, 12/28/1987,58)

5109. CREDITS AGAINST TAX.

1.

2.

3.

4.

5.

Where there is a transfer of a residential property by a licensed real estate broker, which property was transferred to him within the preceding year as consideration for the purchase of other residential property, a credit for the amount of the tax paid at the time of the transfer to him shall be given to him toward the amount of the tax due upon the transfer.

Where there is a transfer by a builder of residential property which was transferred to the builder within the preceding year as consideration for the purchase of new, previously unoccupied residential property, a credit for the amount of the tax paid at the time of the transfer to the builder shall be given to the builder toward the amount of the tax due upon the transfer.

Where there is a transfer of real estate which is leased by the grantor, a credit for the amount of tax paid at the time of the lease shall be given the grantor toward the tax due upon the transfer.

Where there is a conveyance by deed of real estate which was previously sold under a land contract by the grantor a credit for the amount of tax paid at the time of the sale shall be given the grantor toward the tax due upon the deed.

If the tax due upon the transfer is greater than the credit given under this Sestion, the difference shall be paid. If the credit allowed is greater than the amount of tax due, no refund or carryover credit shall be allowed.

(Ord. 31, 12/28/1987,§9)

9110. EXTENSION OF LEASE.

In determining the term of a lease, it shall be presumed that a right or option to renew or extend a lease will be exercised if the rental charge to the lessee is fixed or if a method for calculating the rental charge is established.

( a d . 31,12/28/1987,~10)

5111. PROCEEDS OF JUDICIAL SALE.

24-10

(24, PART 1)

The tax herein imposed shall be fully paid and have priority out of the proceeds of any judicial sale of real estate before any other obligation, claim, lien, judgment, estate or costs of the sale and of the writ upon which the sale is made except the State realty transfer tax and the sheriff, or other officer, conducting said sale, shall pay the tax herein imposed out of the first moneys paid to him in connection therewith. If the proceeds of the sale are insufficient to pay the entire tax herein imposed, the purchaser shall be liable for the remaining tax.

( a d . 31,12/28/1987,§11)

5112. DUTIES OF RECORDER OF DEEDS.

1.

2.

0 3.

4.

As provided in 16 P.S. §11011-6, as amended by Act of July 7,1983 (P.L. 40, No. 21), the recorder of deeds shall be the collection agent, for the local realty transfer tax including any amount payable to the Township based on a redetermination of the amount of tax due by the Commonwealth of Pennsylvania of the Pennsylvania Realty Transfer Tax without compensation from the Township.

In order to ascertain the amount of taxes due when the property is located in more than one (1) political subdivision, the recorder shall not accept for recording such a deed unless it is accompanied by a statement of value showing what taxes are due each municipality.

On or before the tenth of each month, the recorder shall pay over to the Township all local realty transfer taxes collected, less two (2) percent for use of the County, together with a report containing the information as is required by the Commonwealth of Pennsylvania in reporting collections of the Pennsylvania Realty Transfer Tax. The two (2) percent commission shall be paid to the County.

Upon a redetermination of the amount of realty transfer tax due by the Common- wealth of Pennsylvania, the recorder shall rerecord the deed or record the additional realty transfer tax form only when both the State and local amounts and a rerecording or recording fee has been tendered.

(Ord. 31, 12/28/1987,512)

5113. STATEMENT OF VALUE.

Every document lodged with or presented to the recorder of deeds for recording shall set forth therein and as a part of such document the true, full and complete value thereof or shall be accompanied by a statement of value executed by a responsible person connected with the transaction showing such connection and setting forth the true, full and complete value thereof or the reason, if any, why such document is not subject to tax under this Part. A copy of the Pennsylvania Realty Transfer Tax Statement of Value may be submitted for this purpose. The provisions of this Section shall not apply to any excludable real estate transfers which are exempt from taxation based on family relationship. Other documents presented for the affixation of stamps shall be accompanied by a certified copy of the

I I

24-17

TAXATION, SPECIAL

document and statement of value executed by a responsible person connected with the transaction showing such connection and setting forth the true, full and complete value thereof or the reason, if any, why such document is not subject to tax under this Part.

(Ord. 31,12/28/1987, 513)

5114. CIVIL PENALTIES.

1. If any part of underpayment of tax imposed by this Part is due to fraud there shall be added to the tax an amount equal to fifty (50) percent of the underpayment.

In the case of failure to record a declaration required under this Part on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause, there shall be added to the tax five (5) percent of the amount of such tax if the failure is for not more than one (1) month with an additional five (5) percent for each additional month or fraction thereof during which such failure continues, not exceeding fifty (50) percent in the aggregate.

2.

(Ord. 31, 12/28/1987, 514)

5115. LIEN.

The tax imposed by this Part shall become a lien upon the lands, tenements or hereditaments, or any interest therein, lying, being situated, wholly or in part within the boundaries of the Township, which lands, tenements, hereditaments or interest therein are described in or conveyed by or transferred by the deed which is the subject to the tax imposed, assessed and levied by this Part, said lien to begin at the time when the tax under this Part is due and payable and continue until discharge by payment or in accordance with the law and the Solicitor is authorized to file a municipal or tax claim in the Court of Common Pleas of Schuylkill County, in accordance with the provisions of the Municipal Claims and Liens Act of 1923, 53 P.S. g7171 ett., its supplements and amendments.

(Ord. 31, 12/28/1987, 515)

5116. ENFORCEMENT.

All taxes imposed by this Part, together with interest and penalties prescribed herein, shall be recoverable as other debts of like character are recovered.

(Ord. 31, 12/28/1987,516)

5117. REGULATIONS.

The Township Secretary is powered to make any and all action to enforce the provisions of this Part and to promulgate any and all regulations necessary for the enforcement of this Part

24-12

(24, PART 1)

and collection of the tax. The regulations which have been promulgated by the Pennsylvania Department of Revenue under 72 P.S. @ l O l - C &a. are incorporated into and made a part of this Part.

(Ord. 31,12/28/1987,§17)

24-13

(24, PART 2)

PART 2

EARNED INCOME TAX

5201. INCORPORATION OF STATUTE.

The provisions of 56913 of the Local Tax Enabling Act, P.L. 1257, No. 511, December 31,1965, 53 P.S. 56901-24, as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, are incorporated herein by reference thereto; except to the extent that options are provided in said 56913, this Part designates the option selected, and except as and where hereinafter specifically provided otherwise.

Ord. 11/2/1964; as revised by A.O.

5202. IMPOSITION OF TAX.

1. A tax for the general revenue purposes of one (1) percent is hereby imposed on:

A. Salaries, wages, commissions and other compensation earned or paid on or after January 1 of any year by residents of the Township; and on

The net profits earned on or after January 1 of any year of businesses, professions or other activities conducted by such residents.

B.

2. Imposition of Tax on Nonresidents. A tax for the general revenue purposes of one (1) percent is hereby imposed on:

A. Salaries, wages, commissions and other compensation earned or paid on or after January 1 of any year by nonresidents of the Township for work done or services performed or rendered in the Township; and on

Net profits earned on or after January 1 of any year, of businesses, professions or other activities conducted in the Township by nonresidents.

8.

3. The tax levied under subsections (l)(A) and @)(A) of this Section shall relate to and be imposed upon salaries, wages, commissions and other compensation paid by an employer or on his behalf to any person who is employed by or renders services to him. The tax levied under subsections (l)(B) and (2)(B) of this Section will relate to and be imposed on the net profits of any business, profession or enterprise carried on by any person as owner or proprietor, either individually or in association with some other person or persons.

(Ord. 11/2/1964; as revised by A.O.

@03. DECLARATIONS, RETURNS AND PAYMENT OF TAX. a 24-15

TAXATION, SPECIAL

1.

2.

3.

4.

Every taxpayer whose net profits are subject to the tax imposed by this P a t shall file a declaration of his net profits for the current year and shall pay the tax due thereon in one (1) annual installment, all as provided in 56913(III)(A)(l)(i) of the Local Tax En- abling Act.

Every taxpayer whose earnings are subject to the tax imposed by this Part shall make and file final returns and pay to the officer the balance of the tax due, as provided in section 6913, III., B., first paragraph of the Local Tax Enabling Act.

Every taxpayer whose earnings are not subject to collection at the source, shall make and file with the officer annual returns and shall pay the amount of tax shown as due on such returns on or before April 15 of the year following the current year, all as provided in 56913(III)(B)(l) of the Local Tax Enabling Act.

The officer is hereby authorized to provide by regulation, subject to the approval of the Board of Supervisors, that the return of an employer or employers, showing the amount of tax deducted by said employer or employers from the salaries, wages or commissions of any employee, and paid by him or them to the officer shall be accepted as the return required of any employee whose sole income, subject to the tax or taxes under this Part, is such salary, wages or commissions.

(Ord. 11/2/1964; as revised by A.0

5204. COLLECTION AT SOURCE.

Every employer having an office, factory, workshop, branch, warehouse or other place of business within the Township who employs one (1) or more persons, other than domestic servants, for a salary, wage, commission or other compensation, shall register with the officer, deduct the tax imposed by this Part on the earned income of his employee or employees and shall make and file quarterly returns and final returns and pay quarterly to the officer the amount of taxes deducted, all as provided in §6913(lV) of the Local Tax Enabling Act.

(Ord. 11/2/1964; as revised by A . 0

5205. ADMINISTRATION.

The earned income tax officer shall be selected from time to time by resolution of, and shall receive such compensation for his services and expenses as determined from time to time by, the Board of Supervisors. Such officer shall have the powers and duties, and shall he subject to the penalties as provided in section 6913(V), (VI) and (VII) of the Local Tax Enabling Act.

(Ord. 11/2/1964; as revised by A.0

5206. INTEREST AND PENALTIES FOR LATE PAYMENT.

24-16

(24, PART 2)

If for any reason the tax is not paid when due, interest at the rate of six (6) percent per annum on the amount of said tax, and an additional penalty of one-half of one (!4) percent of the amount of the unpaid tax for each month or fraction thereof during which the tax remains unpaid, shall be added and collected. Where suit is brought for the recovery of any such tax, the person liable therefor shall, in addition, be liable for the costs of collection and the interest and penalties herein imposed.

(Ord. 11/2/1964; as revised by A.O.

§207. PENALTIES FOR VIOLATION.

1. Any person who fails, neglects or rehses to make any declaration or return required by this Part, any employer who fails, neglects or refuses to register or to pay the tax deducted from his employees, or fails, neglects or refuses to deduct or withhold the tax from his employees, any person who refuses to permit the officer or any agent designated by him to examine his books, records and papers, and any person who knowingly makes any incomplete, false or fraudulent return, or attempts to do anything whatsoever to avoid the full disclosure of the amount of his net profits or earned income in order to avoid the payment of the whole or any part of the tax imposed by this Part, shall, upon conviction therefor, be sentenced to pay a fine of not more than five hundred dollars ($500.00) for each offense, and costs, and in default of payment, to be imprisoned for a period not exceeding thirty (30) days.

Any person who divulges any information which is confidential under the provisions of this Part shall, upon conviction therefor, be sentenced to pay a fine of not more than five hundred dollars ($500.00) for each offense, and costs, and in default of payment, to be imprisoned for a period not exceeding thirty (30) days.

The penalties imposed under this Section shall be in addition to any other penalty imposed by any other Section of this Part.

2.

3.

4. The failure of any person to receive or procure forms required for making the declaration or returns required by this Part shall not excuse him from making such declaration or return.

(Ord. 11/2/1964; as revised by A . 0

24-17

(24, PART 3)

PART 3

PER CAPITA TAX

5301. AUTHORITY FOR ENACTMENT.

This Part is enacted under authority of the Local Tax Enabling Act, P.L. 1257, No. 511, December 31, 1965,53 P.S. §6901& s., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.

(Ord. -/-/1962; as revised by A.O.

5302. "RESIDENT" DEFINED. The word "resident" as used in this Part shall mean every adult eighteen (18) years of age or older who lives within the Township.


5303. IMPOSITION OF TAX

Every resident shall pay five dollars ($5.00) for the present calendar year and each year hereafter.


5304. COLLECTION.

All taxes, interests, costs and penalties imposed by this Part shall be collected by the Township Tax Collector.






B.

24-19

TAXATION, SPECIAL

C. An enforcement notice shall state at least the following:



The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions 01' this Part.

The date before which the steps for compliance must be commmced and the date before which the steps must be completed.




A. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Part or who fails or refuses to pay the tax or to render accurate information to an assessor concerning his residence or age shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this Part to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.



B.

C.

24-20

(24, PART 3)

D. District justices shall have initial jurisdiction over proceedings brought under this Section.

( a d . -/-/1962; as revised by A.O.

24-21

CHAPTER 25

TREES


25-1

CHAPTER 26

WATER

PART 1

PUBLIC WATER SYSTEM CONNECTIONS

5101. Definitions 5102. Use of Public Water System Required 5103. Building Mains and Connections s104. Water Service Charges 5105. Connection, Customer Facilities and Tapping Fees 5106. Regulations Governing Building Mains and Connections to Mains 5107. Appeals; Hardship 5108. Enforcement and Remedies

26-1

(26, PART 1)

PART 1

PUBLIC WATER SYSTEM CONNECTIONS

5101. DEFINITIONS.

As used in this Part, the following terms shall have the meanings indicated unless a different meaning clearly appeals from the context:

AUTHORITIES ACT - the Municipality Authorities Act of 1945, Act No. 164, May 2, 1945, P.L. 382,53 P.S. s301 et seq., as presently and hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.

AUTHORITY - the Hubley Township Authority; a body corporate and politic organized under the Authorities Act and incorporated by the Township acting through its Board.

BUILDING MAIN - the extension from the water system of any structure to the lateral of a main.

IMPROVED PROPERTY - any property within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals.

INDUSTRIAL ESTABLISHMENT - any improved property located within the Township and used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article.

LATERAL -

(1) Part of the water system extending from a main to the curb line or, if there shall be no curb line, extending to the property line.

If no such lateral shall be provided, “lateral’ shall mean that portion of, or place in, a main which is provided for connection of any building main.

MAIN - distribution pipelines which are located in streets, highways, public ways or private rights-of-way and which are used to serve the general public.

OWNER - the person having an interest as or representing itself to be the owner, whether legal or equitable, sole or only partial, of any improved property; and as may be more specifically defined in any rules and regulations adopted by the Authority.

PERSON - any individual, partnership, association, society, trust, corporation, municipality, municipal authority or other group or entity. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, or both, the term “person” shall include the partners of a partnership, the members of an association or society and the officers of a corporation.

(2)

26-3

WATER

TOWNSHIP - the Township of Hubley, Schuylkill County, Pennsylvania, acting through the Board of Supervisors of Hubley Township.

WATER SYSTEM - all facilities, as of any particular time, for production, kransmis- sion, storage and distribution of water in the Township owned by the Authority for maintenance, operation and use.

In this Part the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.

( a d . 39, 5/9/1994,51)

5102. USE OF PUBLIC WATER SYSTEM REQUIRED.

1. The owner of any improved property abutting upon and whose principal building is within two hundred (200) feet from the water system or within two hundred (200) feet of any public road right-of-way within which a water system main is located except any improved property which shall constitute an industrial establishment or a farm which has its own supply of water for uses other than human consumption shall connect such improved property with and shall use such water system in such manner as the Authority may require, within ninety (90) days after notice to such owner from the Authority to make such connection; subject to such limitations and restrictions as shall be established herein or otherwise shall be established by the Authority.

The notice by the Authority to make connection to a main referred to in subsection (1) shall consist of a copy of this Part, including any amendments and/or supplements at the time in effect or a summary of each Section thereof and a written or printed document requiring the connection in accordance with the provisions of this Part and specifying that such connection shall be made within ninety (90) days after the date such notice is given or served. Such notice may be given or served at any time after a main is in place which can deliver water to the particular improved property. Such notice shall be given or served upon the owner in accordance with law.

2.

(Ord. 39,5/9/1994, §2)

5103. BUILDING MAINS AND CONNECTIONS.

1.

2.

3.

No person shall uncover, connect with, make any opening into, use, alter or disturb, in any manner, any main or any part of the water system without first obtaining a permit in writing from the Authority.

Application for a permit required under subsection (1) shall be made by the owner of the improved property served or to be served with notice as provided in §102(1) or by the duly authorized agent of such owner.

No person shall make or shall cause to be made a connection of any improved property to a main until such person fulfills each of the following conditions:

26-4

(26, PART 1)

A. Notify the Authority of the desire and intention to connect such improved property to a main.

Apply for and obtain a permit as required by subsection (1).

No person shall make or shall cause to be made a connection of any improved property to a main until such person fulfills each of the following conditions:

(1)

B.

C.

Notify the Authority of the desire and intention to connect such improved property to a main.

Apply for and obtain a permit as required by subsection (1).

Give the Authority at least twenty-four (24) hours notice before such connection will be made in order that the Authority may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing.

If applicable, furnish satisfactory evidence to the Authority that any tapping (or connection) fee which may be charged and imposed by the Authority against the owner of each improved property who connects such improved property to a main has been paid.

(2)

(3)

(4)

D. Except as otherwise provided in this subsection, each improved property shall be connected separately and independently with a main through a building main. Grouping of more than one (1) improved property on one (1) building main shall not be permitted except under special circumstances and for good cause shown but then only after special permission of the Authority, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by the Authority.

All costs and expenses of connection of a building main to a main shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and shall save harmless the Authority from all loss or damage that may be occasioned directly or indirectly as a result of construction of a building main or of connection of a building main to a main.

A building main shall be connected to a main at the place designated by the Authority and where, if applicable, the lateral is provided. A smooth, neat joint shall be made and the connection of a building main to the lateral shall be made secure and watertight.

If the owner of any improved property located within the Authority service area and abutting upon the water system as aforesaid, subject to the exception provided for in §102(1), after ninety (90) days notice from the Authority, in accordance with 9102, shall fail to connect such improved property, the Authority may construct such connection and collect from such owner the costs and expenses thereof in any manner permitted by law.

E.

F.

G.

26-5

WATER

5104. WATER SERVICE CHARGES.

1. AU owners of property connected or connecting to the water system and all owners of property who may hereafter connect with and use the same shall pay annual water charges in quarterly installments as hereinafter provided, based upon a schedule of rates to be determined by resolution of the Authority.

Water service charges shall be a lien on the properties charged with payment thereof from the effective date of this Part and if not paid within thirty (30) days notice, may be collected in any manner provided by law including, but not limited to, the entry of a municipal lien of record with the Prothonotary of Schuylkill County, Pennsylvania.

2.

(Ord. 39,5/9/1994, §4)

5105. CONNECTION, CUSTOMER FACILITIES AND TAPPING FEES.

1. The Authority is hereby authorized to charge certain enumerated fees which may include a connection fee, a customer facilities fee and/or a tapping fee (as those terms are defined in the Authorities Act) and which shall be separately set forth in an appropriate resolution of the Authority.

Any connection fee, customer facilities fee or tapping fee imposed by the Authority shall comply with the provisions of the Authorities Act.

2.

(Ord. 39,5/9/1994, §5)

9106. REGULATIONS GOVERNING BUILDING MAINS AND CONNECTIONS TO MAINS.

No building main shall be covered until it has been inspected and approved by the Authority. If any part of a building main is covered before so being inspected and approved it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to a main.

Every building main of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.

Every excavation for a building main shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalks or other public property disturbed in the course of installation of a building main shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to the Authority.

1.

2.

3.

26-6

(26, PART 1)

4. If any person shall fail or shall refuse, upon receipt of a notice in writing of the Authority to remedy any unsatisfactory condition with respect to a building main within sixty (60) days of receipt of such notice, the Authority may refuse to permit such person to be served by the water system until such unsatisfactory condition shall have been remedied to the satisfaction of the Authority.

The Authority reserves the right to adopt, from time to time, additional rules and regulations it shall deem necessary and proper relating to connections with a main and with the water system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this Part.

5.

( a d . 39,5/9/1994,§6)

5107. APPEALS; HARDSHIP.

In the event any person shall deem the requirement to connect as provided in this Part a hardship, such person may appeal to the Authority for relief from such connection requirement which appeal shall be heard in accordance with the provisions of the Pennsylvania Local Agency Law.

( a d . 39,5/9/1994,§7)






(1)

B.

C.





(2)

(3)

(4)

26-7

WATER



(6)


A. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $1,000 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall conunence or be imposed, levied or payable until the date of the determination of B violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constilute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this Part to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.




8.

C.

D.

(Ord. 39,5/9/1994,58; as amended by A.O.

26-8

CHAPTER 27

ZONING

PART 1

TITLE AND PURPOSE

5101. Short Title 5102. Purpose of this Chapter 5103. Interpretation

PART 2

COMMUNITY DEVELOPMENT OBJECTIVES

5201. Community Development Objectives

PART 3

DEFINITIONS

5301. Definitions

PART 4

ESTABLISHMENT OF ZONING DISTRICTS

5401. Types of Districts #02. ZoningMap 5403. Delineation of District Boundaries 5404. Interpretation of District Boundaries

PART 5

USES PERMITTED IN DISTRICTS

5501. Schedules 5502. Special Exception Use

PART 6

SUPPLEMENTARY PROVISIONS

27-3

5601. Height of Structures 5602. Yard Regulations 5603. Lots of Record 5604. Through Lots 5605. Visibility at Intersections 5606. Placement of Accessory Uses and Structures 5607. Temporary Structures and Uses 5608. Private Non-Commercial Swimming Pools 5609. Home Occupations 5610. Parking and Loading Requirements 5611. Regulations Governing S i p 5612. Regulation for Floodplains

PART 7

NONCONFORMING USES AND STRUCTURES

5701. Continuation of Uses 5702. Registration 5703. Nonconforming Uses 3704. Nonconforming Structures 5705. Nonconforming Lots 3706. Change of Ownership 5707. Termination of Nonconformities

PART 8

ZONING HEARING BOARD

§Sol. Zoning Hearing Board I

s802. HearinPs " 5803. T;r$diction

5804. Variances

5805. Special Exceptions $306. Parties Appellant Before the Board 5807. Time Limitations

PART 9

ADMINISTRATION AND ENFORCEMENT

27-2

5901. General Procedure

5902. Appointment and Powers of Zoning Officer 5903. Zoning Permits 5904. Certificate of Occupancy 5905. Issuance of Certificate of Occupancy

,6906. Enforcement Notice

5907. Enforcement Remedies

5908. Causes of Action 5909. Schedule of Fees 5910. Exemptions

PART 10

AMENDMENTS

61001. Enactment of Zoning Ordinance Amendments

31002. Procedure for Landowner Curative Amendments

27-3

(27, PART 1)

PART 1

TITLE AND PURPOSE

5101. SHORT TITLE.

This Chapter shall be known and cited as the "Hubley Township Zoning Ordinance of 1982."

(Ord. 12/21/1982,§1.2)

5102. PURPOSE OF THIS CHAPTER.

This Chapter is hereby adopted in accordance with the requirements of the Pennsylvania Municipalities Planning Code, Act 247, as amended:

A. To promote, protect and facilitate one (1) or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, airports and national defense facilities, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements as well as :

(1) To prevent one (1) or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.

To preserve prime agriculture and farmland, considering topography, soil type and classification and present use.

(2)

(Ord. 12/21/1982, 51.3)

5103. INTERPRETATION.

In interpreting and applying the provisions of this Chapter, they shall be interpreted as the minimum requirements for the promotion of the health, safety, morals and general welfare of the Township. Where this Chapter conflicts with any rule, regulation or ordinance, the greater restriction upon the use of buildings or premises, upon the height or bulk of a building or upon requiring larger open spaces shall prevail, regardless of its source.

(Ord. 12/21/1982,§1.4)

27-5

(27, PART 2)

PART 2

COMMUNITY DEVELOPMENT OBJECTIVES

5201. COMMUNITY DEVELOPMENT OBJECTIVES.

1. This Chapter is based on the “Hubley Township Comprehensive Plan, Schuylkill County,” adopted August 2,1982.

In pursuance of the Pennsylvania Municipalities Planning Code, Act 247, as amended, the following community development objectives have been established

2.

A.

B.

C.

D.

E.

F.

G.

H.

I.

J.

K.

Achieve greater awareness, understanding and participation by Hubley Township residents in a continuing program of planning for the Township’s future.

Publicize the plan to obtain maximum participation and involvement of Township residents in planning and decision making.

Continuously use the adopted Comprehensive Plan to help make decisions that affect land use, community facilities and transportation in and around Hubley Township.

Cooperate with Hegins, Lykens and all adjoining townships on planning related matters of mutual concern, whether the ramifications of each matter have immediate, short term or long term effects on the Township.

Continue to obtain coverage of planning issues and activities in the news media.

Obtain the assistance of appropriate local and State agencies in maintaining and coordinating the on-going planning process.

To promote the Township’s public health, safety and general welfare.

Recognize, respect and derive maximum benefit from the assets and limitations of the natural environment.

Provide sound soil and water conservation practices and stormwater retention in all development, present and future.

Require larger lot sizes (more than one (1) acre) on land with a high water table, steep slopes and other unique natural features which may require a large land area to accommodate onsite sewerage disposal.

Encourage the preservation of open space in floodprone areas, including land on both sides of all major and minor streams.

27-7

ZONING

L.

M.

N.

0.

P.

Q.

R.

S.

T.

U.

V.

w.

X.

Y.

Z.

AA.

BB.

c c .

Provide for the protection of the water sheds, Pine Creek and Deep Creek, so as not to lose functional, recreational and aesthetic value.

Incorporate natural features into existing and proposed development.

Preserve points of historic and scenic significance.

Encourage the continuation of farming in Hubley Township.

Preserve prime agricultural land, working farms, pastures, nurseries <and other high value agricultural land.

Explore various ways of preserving farmland and cooperate with the Fchuylkill County and Pennsylvania Farmers Association in their efforts toward agricultural preservation.

Encourage farmers who must sell their land to give other farmers the first right of refusal.

Explore and develop ways in which incompatibilities between agricultural and residential uses can be minimized.

Provide for the continuation and expansion of agriculturally related industries and businesses within the rural/agricultural area.

Assure maximum compatibility between present and future land uses.

Adopt zoning and subdivision along with development ordinances to implement the recommendations in the Comprehensive Plan and assure maximum compatibility between adjacent land uses.

Continuously cooperate with adjoining townships to insure that zoning, subdivision and land development ordinances permit compatible development along Township boundaries.

Maintain the rural character of the Township.

Provide for a variety of residential densities and housing types to assure that adequate, affordable housing is available to families and individuals in Hubley Township.

Provide appropriate areas for various types of housing and various densities.

Encourage rehabilitation and renovation of existing older homes.

Create incentives for all residential development to meet the highest standards of site design and enforce standards for site layout and building construction.

Encourage builders to respond to changing housing demands

27-8

(27, PART 2)

DD. Encourage higher density living environments at locations which are physically suitable, easily accessible and in proximity to community facilities (schools, parks, churches, etc) and shopping areas.

Continue to provide for low density residential areas and protect these single- family residential areas from incompatible land uses.

Assure that appropriate land is maintained for scenic open space or recreation uses.

GG. Provide public recreation areas that are accessible to local residents and that provide the necessary facilities to continually meet growing recreation demands of all age groups.

HH. Locate recreational facilities near or in conjunction with other community facilities and near population concentrations.

Preserve the scenic open space character of this valley.

Preserve land with severe development limitations (e.g. floodprone areas and steep slopes) and outstanding scenic areas for enjoyment as open space areas or for fM4siee passive recreational uses. [A.O.]

Continually evaluate the demand for and feasibility of providing and maintaining recreation facilities.

Assure that public facilities and utility services will be adequate to accommodate future growth.

EE.

FF.

II.

JJ.

KK.

LL.

MM. Provide efficient and economical Township services by planning for capital improvements and municipal services.

NN. Ensure that public facilities and services will continually meet the demands of Township residents.

00. Adopt ordinances which will assure that the revenue, the direct and indirect costs and other implications of major developments are identified at the outset of submitting a plan for review.

Clearly identify the responsibility for and the necessary funds for providing and sustaining public facilities and services.

QQ. Continue to periodically evaluate the Township’s sewer and water needs and identity priority areas where centralized water and sewer service should be provided.

Provide for an adequate level of security and safety in the Township by supporting the police and volunteer fire department in needed improvements.

PP.

RR.

27-9

ZONING

SS. Encourage all subdividers and developers to support the recreational capital program with cash fees for recreation rather than with small parcels of land.

Encourage the education of the elementary school age students in the Tri-Valley School District.

UU. Ensure that commercial, business and industrial development is adequate to meet the Township needs and is designed and located in harmony with the Township's development pattern.

Identify land suited for desirable commercial and industrial development to contribute to the Township's economic growth, opporhmity for local employ- ment and shopping facilities; assure that this land remains available for this use.

WW. Encourage all new commeraal and industrial development to provide the

'lT.

W.

highest quality building and site design.

Designate areas for commercial and industrial development with due respect for safe and efficient highway access and for compatibility with neighboring uses.

Encourage clustering commercial uses and discourage wasteful and unsafe strip commercial development.

Establish a transportation network that safely and efficiently circulates people and goods within and around Hubley Township.

XX.

YY.

22.

AAA. Classify roads according to the function they will serve in the future and establish standards which relate highway design to function for new and rebuilt roads.

Plan road improvements to close coordination with land use policies.

Identify roads in need of maintenance and improvements and continue annually updating priorities for the establishment of maintenance and improvement programs.

Encourage the Pennsylvania State Police and local police to continue to identify accident-prone areas and, through remedial planning and design efforts, attempt to alleviate these driving hazards.

Limit the number of new driving hazards by carefully exainining the circulation improvements proposed for each subdivision, land development or change of use.

BBB.

ccc.

DDD.

EEE.

(Ord. 12/21/1982, Art. 2; as amended by A.O.

27-10

(27, PART 3)

PART 3

DEFINITIONS

5301. DEFINITIONS.

Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this Chapter, words used in the present tense include the future; the singular number shall include the plural and the plural the singular; the word 'building" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; and the word "shall" is mandatory and not directory.

ACCESSORY STRUCTURE or USE - a building, structure or use subordinate to the principal building or use on the same lot and used fot purposes customarily incidental to those of the principal building or use.

ACRE - forty three thousand five hundred sixty 43,560 square feet of land area.

AGRICULTURE - the use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal poultry husbandry and the necessary accessory uses for farm homes and pa;king, treating or storing produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

AIRPORT - a tract of leveled land where aircraft can take off and land and equipped with landing strips, hangers and/or related offices.

ALLEY - a public or private way affording secondary means of access to abutting property.

ALTERATIONS - as applied to a building or a structure, means a change or rearrangement in the structural part of or in the existing facilities or an enlargement whether by extension of a front, rear or side or by increasing in height or in depth by moving from one (1) location in position to another.

ANIMAL HUSBANDRY - the raising and keeping of livestock and poultry for any commercial purpose. The keeping of livestock or poultry as farm pets or for domestic purposes pursuant to the regulations of this Chapter shall not be construed as animal husbandry.

BASEMENT - a portion of a building partly underground but which has more than one-half (1/2)its interior height measured from floor to finish ceiling, above the average finished grade of the ground adjoining the building.

BILLBOARD - a sign upon which advertising matter of any character is printed, posted or lettered; and it may be either free-standing or attached to a surface or a building or other structure.

27-11

ZONING

BLOCK - a block is the length on one (1) side of a street between two (2) skeet intersections.

S W

BOARD - anv bodv uanted iurisdiction under a land use ordinance or under this Chapter to render final adiudications. [A.O.]

BOARD OF SUPERVISORS - the Board of Supervisors of Hubley Township, Schuylkill County, Pennsylvania.

BOARDING HOUSE - any dwelling in which more than three (3) persons, either individually or as families, are housed or lodged for hire with or without meals. A rooming house or a furnished room house shall be deemed a boarding house.

BUILDING - any structure having a roof supported by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.

BUILDING COVERAGE - the ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot (including covered porches, -3 carports and breezeways but excluding open patios) by the total area of the lot upon which the buildings are located. [A.O.]

BUILDING, DETACHED - a building surrounded by open spaces on the same lot.

BUILDING HEIGHT - the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

BUILDING LINE - the line of a structure or building existing at the effective date of this Chapter or the legally established line which determines the location of a future building or structure or portion thereof with respect to any lot line or street right-of- way line.

BUILDING PRINCIPAL - a building in which is conducted the principal use of the lot on which it is located.

BUSINESS - any enterprise, occupation, trade or profession engaged in, either continuously or temporarily, for profit. The term “business” shall include the occupancy or use of a building or premises, or any portion thereof, for the transaction of business or the rendering or receiving of professional or personal services.

CELLAR - see %basement.”

COMMISSION - the Planning Commission of Hubley Township, Schuylkill County, Pennsylvania.

27-12

(27, PART 3)

COMMON OPEN SPACE - a parcel or parcels of land or an area of water or a combination of land and water within a development site which is designed and intended for the use of enjoyment or residents of a development. Common open space does not include streets, off-street parking areas, private yard space and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved by the Board of Supervisors and as are appropriate for recreational use by the residents.

COMPREHENSIVE PLAN - the document entitled "Hubley Township Comprehensive Plan, Schuylkill County, Pennsylvania," and adopted August 2,1982 by the Board of Supervisors.

CONDITIONAL USE - certain specified uses which are allowed or denied by the Board of Supervisors after the recommendation by the Planning Commission pursuant to express standards and criteria set forth in this Chapter.

CONDITIONAL USE - a use permitted in a particular zoning district bv the Board of Supervisors pursuant to the provisions of this Chapter and Article VI of the Pennsvlvania Municipalities Planning Code, 53 P.S. 610601 et seq. [A.O.]

CONVERSION - to change or adopt land or structures to a different use, occupancy or purpose.

COUNTY - the County of Schuylkill, Commonwealth of Pennsylvania

COUNTY PLANNING COMMISSION - the Schuylkill County Planning Commission.

CURATIVE AMENDMENT - a proposed zoning amendment made to the Board of Supervisors by any landowner who desires to challenge on substantive rounds the validity of an ordinance which prohibits or restricts the use or development of land in which he has an interest.

DECISION - final adjudication of anv board or other body granted iurisdiction under any land use ordinance or this Chapter to do so, either bv reason of the grant of exclusive iurisdiction or bv reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of the countv and judicial district wherein the Township lies. [A.O.]

DENSITY - a measure of the number of dwelling units which occupy, or may occupy, an area of land.

DETERMINATION - final action bv an officer, bodv or agency charged with the administration of anv land use ordinance or applications thereunder, except the followin%

flJ The Board of Supervisors;

QJ The Zoning Hearing Board; or

27-13

ZONING

The Planning Commission, only if and to the extent the Planning Commis- sion is charged with final decision on preliminan, or final plans under the subdivision and land develooment or planned residential development ordinances. Determinations shall be appealable onlv to the boards desimated as havinp iurisdiction for such appeal.

[A.O.]

DEVELOPER - any landowner, agent of such landowner or tenant with pmmission from a landowner who makes or causes to be made a subdivision of land or land development.

.,

DEVELOPMENT PLAN - the provisions for development includine a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensitv of use or densitv of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan" when used in this Chapter shall mean the written and graphic materials referred to in this definition. [A.O.]

DISTRICT or ZONING DISTRICT - a portion of the territory of the Township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Chapter.

DWELLING - any building, vehicle or portion thereof, designed or used exclusively as the residence or sleeping place of one (1) or more persons. The term "dwelling" shall not be deemed to include automobile courts, .... MISSING LANGUAGE ....

DWELLING TYPES -

(1) SINGLE-FAMILY DWELLING - a detached building designed for or occupied exclusively by one (1) family except for a mobile home

+I ?--

27-14

(27, PART 3)

a MOBILEHOME - a transuortable, single familv dwelling intended for permanent occuuancv, contained in one (1) unit or in two (2) or more units desimed to be ioined into one (1) integral unit capable of again being seuarated for reueated towina, which amves at a site comulete and ready for occuuanw exceut for minor and incidental unuacking and assemblv operations, and constructed so that it may be used without a permanent foundation. [A.O.]

MODULAR HOME - a singular family dwelling designed for transportation after fabrication in one (1) or more units and arriving at a site where it is assembled on a permanent foundation and connected to utilities.

TWO (2)-FAMILY DWELLING - a detached or semidetached building where not more than two (2) individual family dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

MULTIFAMILY DWELLING - a building designed for occupancy of families living independently of each other and containing three (3) or more dwelling units per building.

(a) LOW-RISE BUILDING - multifamily dwelling structure including townhouses, garden apartments and other housing types which do not exceed three (3) stones in height and which do not share a common outside access.

1)

(3)

(4)

(5)

GARDEN APARTMENT - a building containing three (3) or more dwelling units in a single structure having no half stories underground where individual dwelling units share a common outside access and share a common yard area which is the sum of the required lot areas of all the dwelling units within the building.

TOWNHOUSE - an attached dwelling with one (1) dwelling unit from ground to roof, two (2) points of independent outside access, at least two (2) other dwellings built in conjunction therewith and any portion of one (1) or two (2) unpierced walls in common with an adjoining dwelling.

2)

(b) LOW-RISE APARTMENT - a multifamily dwelling in a building not exceeding three (3) stories in height where individual dwelling units

27-15

ZONING

share a common outside access. Each unit shares with other units a common yard area which is the s u m of the required lot areas of all of the dwelling units within the building.

HIGH-RISE APARTMENT - a multifamily dwelling in i i building over three (3) stones in height where individual dwelling units share a common outside access and elevators serve each floor. Each unit shares with other units a common yard area which is the sum of the required lot areas of all of the dwelling units within the building.

(c)

DWELLING, DETACHED - a dwelling with yards surrounding all sides.

ENTERTAINMENT FACILITIES - any activity conducted for gain which is generally related to the entertainment field such as motion picture theaters, music and dancing, bowling alleys, roller skating rinks, miniature golf, golf driving ranges, commercial swimming pools, carnivals and related uses.

ESSENTIAL SERVICES - provision of gas, electrical, steam, comnwnication, telephone, sewer, water, public safety and other similar services. The facilities required to provide such services shall consist of

(1) Limited facilities or equipment which do not require enclosure within a building or which can be constructed within a public right-of-way (including poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals and hydrants.)

Major facilities or equipment which require enclosure within a building or construction on its own site (including gas storage areas, substations, telephone exchanges and telephone booths.)

(2)

FAMILY - a single person occupying a dwelling and maintaining a household or two (2) or more persons related by blood or marriage occupying a dwelling unit, living together and maintaining a common household including no more than one (1) boarder, roomer or lodger or not more than five (5) unrelated persons occupying a dwelling unit, living together and maintaining a common household.

FARM - any parcel of land containing ten (10) or more acres which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used.

FARM POND - an artificial body of water used for irrigation, fire protection or other farm use as approved by the U.S. Department of Agriculture Soil Conservation Service.

FAST FOOD EATING PLACE - a building in which food is prepared and served the public for consumption both on or off the premises.

27-16

(27, PART 3)

FENCE - a structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between a street or public right-of-way and a property.

FLOODPLAIN - a relatively flat or low land area adjoining a river, stream or water course which is subject to partial or complete inundation once in every one hundred (100) years.

FLOODWAY - the designated area of floodplain required to carry the discharge waters of a flood of one hundred (100) year magnitude.

n O O D AREA - for the purposes of applying the requirement for off-site parking and loading, "floor area" in the case of offices, merchandising or service types of uses shall mean the gross floor area used or intended to be used by tenants or for service to the public as customers, patrons, clients or patients including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include areas used principally for nonpublic purposes such as storage, incidental repair, processing or packaging or merchandise, for shop windows, for offices incidental to the management or maintenance of stores or buildings, for toilets or restrooms, for utilities or for dressing rooms, fitting or alteration rooms.

GARAGE, PRIVATE - a space or structure on the same lot with or in the building to which it is accessory, for storage only, having no public shop or service in connection therewith and in which no occupation, business or industry is conducted. Except on farms, only one (1) commercial motor vehicle not exceeding two (2) ton capacity or weight may be parked in a private garage or driveway.

GARAGE, SERVICE - a garage, other than a private garage, where motor-driven vehicles are stored, equipped for operation, repaired or kept for remuneration, hire or sale.

GAS STATION - a place, building or establishment from which a gasoline refueling service for motor vehicles and minor repair services for such vehicles are provided.

HOME OCCUPATION - any use conducted entirely within a dwelling which is carried on only by the inhabitants of such dwelling or two (2) additional persons and which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change its character.

HOTEL - a building or group of buildings with an outside entrance in common which contains six (6) or more rooms, is designed, arranged and used for overnight lodging of travelers or for the temporary occupancy of transients and the business, conduct of which is licensed under applicable laws.

HUNTING CLUBS and CAMPS - land owned by a group of persons duly formed as a club used principally for hunting, open only to members and guests and involving no buildings other than those for the lodging, eating and sanitary facilities for members and guests.

27-17

ZONING

JUNKYARD - a place where waste, discarded or salvaged materials are brousht, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for use of salvaged house wrecking and structural steel materials and equipment, but excluding such uses when conducted entirely within a completely enclosed building and excluding pawn shops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment and the processing manufacturing operations.

LANDOWNER - the legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee having a remaining term having a proprietary interest in land, shall be deemed to be a landowner for the purposes of this Chapter.

LOT - a desimated parcel. tract or area of land established bv a plat or otherwise as permitted bv law and to be used, developed or built upon as a unit. [A.O.]

(1) LOT AREA - the area contained within the lot lines excluding space within all road rights-of-way and within all permanent drainage easements but including the areas of all other easements.

LOT DEPTH - average horizontal distance between the front and the rear lot lines.

LOT LINES - the property lines bounding the lot.

(a)

(2)

(3)

LOT LINE, FRONT - the line separating the lot from an existing or proposed street right-of-way.

LOT LINE, REAR - the lot line opposite and most distant from the front lot line.

(b)

(c)

(d)

LOT LINE, SIDE - any lot line other than a front or rear lot h e .

LOT LINE, STREET or ALLEY - a lot line separating the lot from a street or alley.

(4) LOT WIDTH - the horizontal distance between side lot lines measured at the minimum prescribed front yard setback line as set forth in this Chapter.

LOT OF RECORD - any lot which individually or as part of a subdivision has been recorded in the office of the Recorder of Deeds of L a e k w m m Schuvlkill County, Pennsylvania. [A.O.]

27-18

(27, PART 3)

MEMBERSHIP CLUB and CAMP - an association of persons which owns, leases or occupies an establishment operated solely for a recreational, soaal, fraternal, religious, political or athletic purpose and whose activities are confined to the members and guests and are not extended to the general public (including the establishment so operated). But it does not include such clubs and camps whose chief activity is a service carried on primarily for business or gain.

MOBILE HOME - see "dwelling types" or "mobilehome."

MOBILEHOME LOT - a parcel of land in a mobilehome park, improved with the necessary utilitv connections and other appurtenances necessary for the erection thereon of a single mobilehome. [A.O.]

MOBILEHOME PARK - a parcel or contiguous parcels of land which has been so desimated and improved that it contains two (2) or more mobilehome lots for the placement thereon of mobilehomes. [A.O.]

MODULAR HOME - see "dwelling types, modular home."

MOTEL, MOTOR or TOURIST COURT - one (1) or more buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent, each of which has a separate outside entrance.

MUNICIPAL AUTHORITY - a bodv politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164). known as the "Municipalities Authoriw Act of 1945." [A.O.]

MUNICIPAL USES - buildings or land used for offices, garages, storage, parks, playgrounds or other governmental uses which are deemed necessary and appropriate by the Board of Supervisors.

1AT 3 . .

NONCONFORMING LOT - a lot the area or dimension of which was lawful prior to the adoption or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located bv reason of such adoption or amendment. [A.O.]

NONCONFORMING STRUCTURE - a structure or Dart of a structure manifestly not designed to comulv with the use or extent of use provisions of this Chapter or amendment heretofore or hereafter enacted, where such structure lawfullv existed

27-19

ZONING

prior to the enactment of this Chapter or amendment or prior to the application of this Chapter or amendment to its location bv reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming sims. [A.O.]

2- . .

NONCONFORMING USE - a use, whether of land or of structure, which does not comply with the applicable use provisions in this Chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this Chapter or amendment, or prior to the application of this Chapter or amendment to its location bv reason of annexation. [A.O.]

NURSING HOME or REST HOME - a building containing sleeping rooms used by elderly persons who are lodged and furnished with meals with or without nursing care.

OCCUPANCY PERMIT - a permit issued upon completion of the construction of a structure or change in use of structure or parcel of land indicating that the premises comply with the provisions of this Chapter and may be used for the purposes set forth in the occupancy permit.

ONLOT SEWER SERVICE - a single system of piping, tanks or other facilities serving only a single lot disposing of sewage in whole or in part into the soil.

OPEN SPACE - an unoccupied space open to the sky on the same lot with the building.

ORDINANCE - the Hubley Township Zoning Ordinance or any provisions or amendment thereof enacted by the Board of Supervisors, including the Official Zoning Map.

PARKING AREA - a parking lot or garage used for parking of automobiles, available to the public and which is not an accessory use.

PERSONAL SERVICES - any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, valet service, watch repairing, barber shops, beauty parlors and related activities.

PLANNING COMMISSION - the Planning Commission of the Township of Hubley, Schuylkill County, Pennsylvania.

PRINCIPAL PERMI'ITED USES - any use which does not require special action by the Zoning Hearing Board or by the Planning Commission before a zoning permit is granted by the Zoning Officer.

27-20

(27, PART 3)

PROFESSIONAL OFFICES - the use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects, engineers and realtors.

PUBLIC GROUNDS - includes:

Parks, plaverounds, trails, paths and other recreational areas and other public areas;

Sites for schools, sewaze treatment, refuse disposal and other uubliclv owned or ouerated facilities; and,

Publiclv owned or operated scenic and historic sites.

(ZJ

&

[A.O.]

PUBLIC HEARING - a formal meeting held pursuant to public notice bv the Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Chapter. [A.O.]

PUBLIC MEETING - a forum held pursuant to notice under the Act of Tune 3, 1986 1P.L. 388, No. 84). known as the "Sunshine Act," 53 P.S. 66271 et seq. [A.O.]

keamtg;

PUBLIC NOTICE - notice published once each week for two (2) successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty (30) days and the second publication shall not be less than seven (7) davs from the date of the hearing. [A.O.]

PUBLIC USE -public schools, parks and administrative, cultural and service buildings and telephone exchange buildings but not including public land or buildings devoted primarily or solely to the storage and maintenance of equipment and material.

RECREATIONAL FACILITIES, COMMERCIAL - those recreation facilities operated as a business and open to the general public for a fee.

RECREATION FACILITIES, PRIVATE - group recreation facilities other than commercial or public recreation uses, not operated for profit and open only to its members.

RECREATION VEHICLE - a vehicle of any size which is designed as a temporary dwelling for travel, recreational and vacation uses and which is self-propelled or is

27-21

ZONING

designed to be towed or carried by another vehicle (including campm, pickup coaches, travel trailers, motor homes.)

REPORT - anv letter, review, memorandum, compilation or similar writing made bv anv bodv, board, officer or consultant other than a solicitor to anv other bodv, board, officer or consultant for the uuru ose of assisting the recipient of such report in the rendering of anv decision or determination. All reuorts shall be deemed recormnenda- tory and advisory onlv and shall not be binding upon the recipient, board, officer, bodv or agenw. nor shall any appeal lie therefrom. Anv report used, seceived or considered bv the bodv. board, officer or agency rendering a determination or decision shall be made available for inspection to the apulicant and all other parties to anv proceeding upon request, and copies thereof shall be provided at cost of reproduction. [A.O.]

RESTAURANT, FAST FOOD - an establishment whose principal business is the sale of food or beverages to the customer in a ready-to-consume state OIL edible or disposable containers either within the restaurant building or for consumption off the premises.

RESTAURANT, STANDARD - an establishment whose principal business is the sale of food or beverages to the customer in a ready-to-consume state and whose principal method of operation includes one (1) of the following characteristics: customers, normally provided with a menu, are served their food and beverage by a restaurant employee at the same table or counter at which the items are consumed or a cafeteria- type operation where foods or beverages are generally consumed within the restaurant building.

RIGHT-OF-WAY - land reserved for the public or the abutting owners for use as a street, alley, interior walk or for other public purposes.

ROOMING or LODGING HOUSE - a situation or building in which an owner of a dwelling rents at least one (1) but not more than six (6) rooms for residential purposes, but does not furnish meals.

SCREEN - a screen or obstruction of sufficient height (but not less than six (6) feet high) or effectively visually obscures the area being saeened from adjacent areas.

SERVICES, ESSENTIAL - uses, not enclosed within a building, necessary for the preservation of the public health and safety including, but not limited to, the erection, construction, alteration or maintenance of, by public utilities or governmental agencies, transmission systems, poles, wires, pipes, cables, fire alarm boxes, hydrants or other similar equipment.

SETBACK LINE - the line within a property defining the required minimum distance between any building to be erected and the adjacent right-of-way. Such line shall be measured at right angles from the front street right-of-way line which abuts the property upon which said building is located and shall be parallel to said right-of-way line.

27-22

(27, PART 3)

SEWAGE DISPOSAL SYSTEM, CENTRALIZED/ONLOT - a public utility system or other system designed to collect, centrally treat and dispose of sewage from users in compliance with the regulations of the appropriate State agency and of the Township. Any system which is not a centralized sewage disposal system shall be deemed an onlot system.

SHOPPING CENTER - a retail commercial area designed as a unit with adequate off- street free parking area and usually consisting of several one (1) story buildings.

SIGN - an advertisement displayed outside a building, pertaining to a product, service or name, related directly to the permitted activity carried on and use of the lot on which it is placed, including painted walls or structures. - SPECIAL EXCEPTION - a use permitted in a particular zoning district pursuant to the provisions of this Chapter and Articles VI and IX of the Pennsvlvania Municipalities Planning Code, 53 P.S. 6610601 et seq.. 10901 et seq. [A.O.]

STORY - that portion of a building included between the surface of any floor and the surface of the floor next above it or if there be no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over six (6) feet above the average level of the finished ground surface adjoining the exterior walls of such story or if it is used for business or dwelling purposes.

STREET - includes street, avenue, boulevard, road, hizhwav, freewav. parkway, lane, alley, viaduct or anv other ways used or intended to be used bv vehicular traffic or pedestrians whether public or private. [A.O.]

STREET RIGHT-OF-WAY LINE - the line dividing a lot from the full street right-of- way, not just the cartway. The word "street" shall include, but not be limited to, the words"roads," "highway," "alley" and "thoroughfare."

STRUCTURE - any manmade obiect havinz an ascertainable stationary location on or in land or water, whether or not affixed to the land. [A.O.]

27-23

ZONING

$l*W

SUBDIVISION - the division or redivision of a lot, tract or parcel of land bv any means into two (2) or more lots, tracts, warcels or other divisions of land including changes in existing lot lines for the uuruose, whether immediate or future, of lease, partition bv the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision bv lease of land for agricultural puruoses into parcels of more than ten (10) acres, not involvine any new street or easement of access or any residential dwelling, shall be exemuted. [A.O.]

SWIMMING POOL -

(1) PRIVATE - any reasonably permanent pool or open tank not located within a completely enclosed building and containing, or normally capable of containing, water to a depth at any point greater than one and one-half (1 1/2) feet. Farm ponds and/or lakes are not included; provided, that swimming was not the primary purpose for their construction.

PUBLIC - any open or enclosed place, open to the public for amateur and professional swimming or recreative bathing, whether or not a fee is charged for admission or for the use thereof.

(2)

TEMPORARY STRUCTURE - a structure which is not designed to last or to be used for a specific use for a long time.

TOWNSHIP - the Township of Hubley, Schuylkill County, Pennsylvania.

USE - the specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

t- . .

VARIANCE - relief granted uursuant to the urovisions of this Chapter and Articles VI and IX of the Pennsylvania MuniciDahties Planning Code, 53 P.S. 610101 et seq. [A.O.]

WATER SUPPLY SYSTEM, CENTRALIZED/ONLOT - a public utility system or other system designed to transmit water from a common source to users in compliance with the requirements of the appropriate State agencies and the Township. Any system not deemed a centralized water supply system shall be an onlot system.

27-24

(27, PART 3)

YARD - an open space on the same lot with a building or group of buildings which lies between the principal building or group of buildings and the nearest lot line and which is unoccupied and unobstructed from the ground upward except as herein permitted.

(1) YARD, FRONT - a yard extending the full width of the lot between a building and the front lot line or side street lot line.

YARD, REAR - a yard extending the full width of the lot between a building and rear lot line.

YARD, SIDE - a yard extending from the front yard to the rear yard between a building and the nearest side lot line.

(2 )

(3)

ZONING HEARING BOARD - the Zoning Hearing Board of Hubley Township, Schuylkill County, Pennsylvania.

ZONING MAP - the Official Zoning Map of Hubley Township, Schuylkill County, Pennsylvania.

ZONING OFFICER - the administrative officer charged with the duty of enforcing the provisions of this Chapter.

ZONING ORDINANCE - the "Hubley Township Zoning Ordinance," as amended [this Chapter].

ZONING PERMIT - a permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this Chapter which authorizes an applicant to proceed with said use, building or structure.

(Ord. 12/21/1982,§3.1; as amended by A.O.

27-25

(27, PART 4)

PART 4

ESTABLISHMENT OF ZONING DISTRICTS

5401. TYPES OF DISTRICTS.

For the purpose of this Chapter, zoning districts are hereby established as follows:

A. A Agriculture.

B. R Residential Medium Density.

C. B Business.

D. LI Light Industrial.

E. FI Farmhdustrial.

F. C Conservation.

(Ord. 12/21/1982, 9 . 1 )

5402. ZONING MAP.

1. The location and boundaries of these districts are established as shown on a map identified and known as the Official Zoning Map of Hubley Township, Schuyllcill County, Pennsylvania. The Zoning Map is hereby made part of this Chapter and a copy thereof may be found at the end of this Chapter. [A.O.]

Regardless of the existence of copies of the Official Zoning Map, which may from time to time be made as published, the Official Zoning Map shall be maintained in the office of the Zoning Officer and shall be the final authority regarding the current zoning status of land, buildings and other structures.

2.

(Ord. 12/21/1982,#.2; as amended by A.O.

5403. DELINEATION OF DISTRICT BOUNDARIES.

The following rules shall apply as to the delineation of district boundaries:

A. Where district boundaries are indicated or approximately coinciding with the center lines of streets, highways, public utility rights-of-ways or streams, such center lines shall be construed to be such boundaries.

Where district boundaries are so indicated that they approximately coincide with lot lines, such lot lines shall be construed to be said boundaries.

B.

27-27

ZONING

C. Where district boundaries are so indicated that they approximately parallel lot lines in the center lines of streets, highways, public utility rights-of-way or streams, such district boundaries shall be construed a being parallel thereto. Distances not specifically indicated on the Official Zoning Map shall be determined by the seqe & of the map. [A.O.]

( a d . 12/21/1982,§4.3; as amended by A.O.

9404. INTERPRETATION OF DISTRICT BOUNDARIES.

If uncertainty exists as to the boundary of any district shown on the Official Zoning Map, the Zoning Hearing Board shall determine the location of such boundary.

(Ord. 12/21/1982, g.4 )

27-28

(27, PART 5)

PART 5

USES PERMITTED IN DISTRICTS

5501. SCHEDULES.

The attached schedules set forth the restrictions and controls intended to regulate development in each Zoning District.

A.

B.

c.

D.

E.

F.

G.

Schedule I. Schedule I governs development and use of land in " A Agriculture District.

Schedule II. Schedule II governs development and use of land in " R Residential Medium Density.

Schedule III. Schedule III governs development and use of land in " B Business District.

Schedule IV. Schedule IV governs development and use of land in "LI" Light Industrial District.

Schedule V. Schedule V governs development and use of land in "FI" Farm Industrial District.

Schedule VI. Conservation District."

Special Exception Use.

Schedule VI governs development and use of land in "C"

27-29

(27, PART 5)

SCHEDULE I

'urpose

?rincipal ?ennitted Uses

4ccessory Uses to the 4bove

Special Exceptions

- A Amicultural

The purpose of this district is to preserve prime farmland along with the agriculture base of the Townshiu.

Agricultural land uses, buildings and activities relating to the growing and selling of field, truck and tree crops Animal Husbandry Church/Cemetery Greenhouse/Nursery Mobilehome Modular Home Single-Family Detached Dwelling

These uses may occur on the same lot as the permitted uses and are customarily incidental and subordinate to the permitted uses. Accessory uses shall meet all yard and other applicable regulations of this Chapter.

Home Occupation Private Garage on Private Parking Areas Private Noncommercial Swimming Pools and Tennis Courts Seasonal Roadside Produce Market Temporary Structure or Use Other Customary Accessory Structures and Uses

Applications for these uses are subject to review by the Zoning Hearing Board according to the provisions in Part 9. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in this Part are met.

Airports and Heliports.

27-31

ZONING

Lot Area, Width, Minimum Yard Requirements, Height Regulations and Building Coverage:

Minimum /I Lot Area

II Minimum 11 Lot Width

Minimum Setback Reauirements

Maximum Height II

==I 1 Acre

200 Feet

Front: 50 Rear: 50 SideEa: 50

Stones: 11/2 Feet: .35 feet

20 Percent

27-32

(27, PART 5)

SCHEDULE I1

)istrict

'urpose

'rincipal 'ermitted Jses

kcessory Jses to the qbove

Special Exceptions

E Residential Medium Densitv

The purpose of this district is to provide for a variety of housing types at a medium to high density within the framework of the existing villages in the Townshiu.

Agricultural land uses, building and activities relating to the growing and selling of field, truck and the crops. Mobilehome Modular Home Municipal Uses Single-Family Detached Dwelling Two-Family Dwelling

These uses may occur on the same lot as the permitted uses and are customarily incidental and subordinate to the permitted uses. Accessory uss shall meet all yard and other applicable regulations of this Chapter

Home Occupation Private Garage or Private Parking Area Private Noncommercial Swimming Pools and Tennis Courts Temporary Structures or Uses Other Customarv Accessow Structures and Uses

Applications for these uses are subject to review by the Zoning Hearing Board according to the provisions in Part 8. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in this Part are met.

Church Fraternal, Civil and/or Social Clubs Funeral Home Nursing Home Multiple-Family Dwelling Offices - professional, medical and business Rooming or boarding house

27-33

ZONING

Max. Lot Width

ft.

Lot Area, Width, Height ReEulations I,

Max. Bldg. Max. Bldg. Height Coverage st. fi. Of Lot

1 Acre 200 21 /2 35

I 30g000 Two-Family Dwell- /I ing

10%

Mobile Home Modular Home or Single Family De- tached Dwelling with Centralized Sewer & Water System

40

40

12,000 20 30 30

20 30 30 Centralized Sewer & Onlot Sewerage Sys- tem

17,500

Centralized Water & Onlot Sewerage Sys- tem

Building Coverage and Yard Require1

20,000 100 21 /2 35 25%

120 I 2 1/2 35 I 40%

Onlot Water & Sew- erage System

150 I 2 1/2 35 I 35%

25,000

100 I 2 1/2 35 I 25%

100 1 1 / 2 35 20% 40

Side

Each Street

20 30 40

20 I 30 I 20 I 30

50 I 20 I 30 1 40

27-34

(27, PART 5)

SCHEDULE 111

District

Purpose

Principal Permitted Uses

Accessory Uses to the Above

Special Exceptions

E Business District

The purpose of this district is to permit the development of land for general business uses designed to meet the needs of Township residents as well as the region.

Agricultural land uses, building and activities relating to the growing and selling of field truck and tree cops Animal Husbandry Automobile - sales and service Banks Entertainment Facilities Fraternal Civic and Social Clubs Funeral Homes Hotels and Motels Municipal Uses Offices - professional, medical and business Retail Stores (selling items such as food, clothing furniture, drugs and so on) Personal and Repair Services Taverns and Restaurants Wholesale Operations

These uses may occur on the same lot as the permitted uses and are customarily incidental and subordinate to the permitted uses. Accessory uses shall meet all yard and other applicable regulations of this Chapter.

Temporary Structures or Uses Accessory Uses Customarily Related to tly Above

Applications for these uses are subject to review by the Zoning Hearing Board according to the provisions in Part 8. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in this Part are met.

Shopping Center

27-35

ZONING

Lot Area, Width, Minimum Yard Requirements, Height Redat ion and Building Coverage:

Minimum Lot Area

Minimum S e t Back Require- ments: Front Side (each) Side w/abbut. St. Rear

-- -- Central Central Sewer Central Water On-Lot

Water & Sewer on Lot Water on Lot Sewer Water & Sewer

11,250 15,000 20,000 1. Acre sq. ft. sq. ft. sq. ft.

50 ft. 50 ft. 50 ft. 50 ft. 10 A. 10 ft. 20 ft. 40 ft.

30 ft. 30 ft. 30 ft. 40 ft. 30 fi. 30 ft. 50 ft. 50 ft.

Maximum Stories: 2/1/2

Maximum Land 50% Coverage by

40% 35% 25%

27-36

(27, PART 5)

SCHEDULE IV

District

Purpose

- LI LiEht Industrial

The purpose of this district is to provide an area where business may be established so as to offer the Township an industrial base and its residents a ulace of emulovment.

Principal Permitted Users Agricultural land uses, buildings and activities relating to the growing and selling of field, truck and tree crops Animal Husbandry Manufacturing, compounding, processing, packaging and/or treatment of products, such as bakery goods, candy, confections, dairy products, cosmetics, musical instruments, toys and novel- ties, clocks and jewelry, optical products, elec- tronic devices, scientific and precision instruments, automotive parts and machinery building materials, hardware, tools, metal components, dry cleaning and dying, clothing, containers of paper, cardboard or metal and cloth, wire, wood, glass and similar items.

Wholesale business and warehousing including delivery and distribution center, material and machinery storage, lumber yards and lumber mills, bulk storage of grain and similar products, building materials sales and storage yards.

Transportation terminals including delivery and distribution center, motor freight terminals.

Mobile Home Modular Home Single-Family Detached Dwelling Industrial Parks Scientific Engineering and/or Research Laborato- ries devoted to research design and/or experi- mentation and urocessina.

27-37

ZONING

Minimum Lot Area

Accessory Uses to the Above

L 1 Acre

These uses may occur on the same lot as the permitted uses and are customarily incidental and subordinate to the permitted uses. Accesso- ry uses shall meet all yard and other applicable regulations of this Chapter.

Parking and Loading Facilities Temporary Structures or Uses Accessory Uses customarily related to the above.

Maximum Land Coverage by Building and Impervious Cover

Lot Area, Width, Minimum Yard Reauirements, Heiaht Regulations and Building Coverage:

50 Percent

-

Minimum Setback Requirements Front: 60 ft. Rear: 25 A. Side Ea: 25 ft.

Maximum Height ll Stories: 1 1/2 Feet: 35

27-38

(27, PART 5)

SCHEDULE V

'urpose

'rincipal Permitted Uses

4ccessory Uses to the Above

EL Farm Industrial

The purpose of this district is to provide areas for farm industrial uses that com- pliment and are needed in an agricultural community.

Agricultural land uses, buildings and activities relating to the growing and selling of field, truck and tree crops. Animal Husbandry Bottling and Packaging Establishments Commercial Crop Storage Food Processing General Offices, Research Facilities and Laboratories Slaughter House Warehousing and Storage Wholesale Operations

These uses may occur on the same, but as the permitted uses, and are customarily incidental and subordinate to the permitted uses. Accessory use shall meet all yard and other applicable regulations of this Chapter.

Parking and Loading Facilities Temporary Structures or Uses Accessory Uses customarily related to the above.


11 Minimum Lot Area I 5 Acres

11 Minimum Lot Width I 400 Feet

Minimum Set Back Requirements Front: 60 Feet Rear: 50 Feet Side Ea: 50 Feet

27-39

ZONING

Maximum Height Stones: 2 1/3 Feet: 35

Maximum Land Coverage by Building and Impervious Cover

50 Percent

27-40

(27, PART 5)

SCHEDULE VI

11 District

Purpose

- C Conservation Area

The purpose of this district is to preserve the North Slope of Bear Mountain and the South Slope of h4ahantango Mountain in its natural and unspoiled state.

Mobilehome Modular Home Single-Family Detached Dwelling Public or Private Recreational Facilities Accessory Uses customarily related to the above.


Minimum Lot Area

Minimum Lot Width

Minimum Set Back Requirements

Maximum Height II Maximum Land Coverage by Buildings I/ and ImDervious Cover

10 Aaes

400 Feet

Front: 50 Feet Rear: 50 Feet Side Ea: 50 Feet

Stories: 2 1/2 Feet: 35

5 Percent

(Ord. 12/21/1982, 555.1-5.8)

27-41

(27, PART 5)

5502. SPECIAL EXCEPTION USE.

1. Purpose.

A. The purpose of special exception use regulations is to provide standards for controlling the special characteristics of certain uses. This procedure is enacted because of the impact that these uses tend to have on the Township.

B. General Provisions.

(1) Decisions for granting or denying special use permits shall be made by the Zoning Hearing Board as provided in Part 8.

All applicants for a special exception use shall submit three (3) sets of development plans to the Board. Such plans shall show the location of all buildings, open spaces, parking areas, traffic access and circulation, landscaping and any other information required for determining the conformance of the special use with the regulations for that use.

Decisions of the Board shall be made pursuant to standards and criteria expressed in Part 8, to regulations for the respective districts in which the uses are located and to all other requirements of this Chapter.

(2)

(3)

2. General Standards. Decision for granting all special uses shall be guided by the following general standards:

A. In accordance with the Hubley Township Comprehensive Plan and consistent with the spirit, purposes and intent of this Chapter.

In the best interests of the Township the convenience of the community, the public welfare and shall not be detrimental to property in the immediate vicinity.

Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with existing or intended character of the general vicinity.

Public services and facilities such as streets, sewerage disposal, police and fire protection shall be adequate for the proposed use.

Suitable in terms of effect on street traffic and safety with vehicular access arrangements to protect major streets from undue congestion and hazard.

B.

C.

D.

E.

3. Specific Standards and Criteria.

A. Airports and Heliports.

(1) Airports and heliports and their landing fields, hangers and related facilities shall be permitted provided plans are approved by the Federal

27-43

ZONING

Aviation Administration or the Civil Aeronautics Board; its use does not interfere with surrounding land uses in terms of low altitude over residences, excessive noise to activities i n the vicinity and blowing dust, dirt, stones or other debris onto adjoining property and roads.

The end of runways shall be at least one thousand (1,000) feet from adjacent property lines and the right-of-way of any major roads. The sides of runways and helicopter pads shall be located at least five hundred (500) feet from adjacent property l i e s and any road right-of- way.

(2)

B. Church and Place of Worship. The property shall be at least two (2) acres in area and front on an arterial or collector street. A parking area shall accommodate all parking spaces as required by the off-street parking regulations. Access driveways shall be no more than twenty-five (25) feet in width and, ui the case of a corner lot, access driveways shall be at least sixty (60) feet from the intersection of the two (2) streets as measured from the right-of-way. The following regulations will also be enforced

(1) Maximum Lot Width 200 feet

(2) Maximum Height 35 feet

(3) Maximum Lot Coverage 35%

(4) Minimum Setback (front) 100 feet

(5) Minimum Setback (rear) 50 feet

(6) Minimum Side Yard 50 feet

Fraternal. Civic and/or Social Clubs. See "Standards for Taverns and Restau- rants" (Schedule ILI) and "Off-street Parking Regulations" (Part 6.)

Funeral Home. See "standards for Funeral Home" (Schedule 111) and "Off-street Parking Regulations" (Part 6).

Nursing Home. The property shall be at least five (5) acres in area. A parking area shall accommodate all parking spaces as required by the off-street parking regulations. Access drives shall be no more than twenty-five (25) feet in width, and, in the case of a comer lot, access driveways shall be at least sixty (60) feet from the intersection of the two (2) streets, as measured from the right-of-way lines. The following regulations will also be enforced:

(1) Minimum Lot Width 250 feet

(2) Maximum Height 35 feet

C.

D.

E.

(3) Maximum Lot Coverage 35%

27-44

(27, PART 5)

F.

G.

H.

(4) Minimum Setback (hont) 100 feet

(5) Minimum Setback (rear) 50 feet

(6) Minimum Side Yard 50 feet

Multiple-Familv Dwelling.

The property shall be at least five (5) acres in area. A parking area shall accommodate all parking spaces as required by the off-street parking regulations. Access drives shall be no more than twenty-five (25) feet in width, and, in the case of a comer lot, access driveways shall be at least sixty (60) feet from the intersection of the two (2) streets, as measured from the right-of-way lines.

The maximum residential density shall be no greater than eight (8) dwelling units per acre and shall be served by both centralized water and sewer.

No multiple-family building shall have a total length of more than two hundred (200) feet nor contain more than eight (8) dwelling units.

Storm drainage from roofs and paved areas shall be channeled to natural drainage courses and away from adjoining properties. Trees and shrubbery shall be maintained on the property of multifamily development for absorption of water runoff and levee for flood protection.

All utilities serving multifamily developments shall be placed underground.

The following regulations will also be enforced:

(a) Minimum Lot Width 250 feet

(b) Maximum Height 35 feet

(c) Maximum Lot Coverage 25%

(d) Minimum Setback (front) 100 feet

(f) Minimum Setback (rear) 50 feet

(g) Minimum Side Yard 50 feet

Offices-Professional, Medical and Business. See "Standards for Offices - Professional, Medical and Business" (Schedule III) and "Off-street Parking Regulations" (Part 6).

Rooming and Boarding Houses.

27-45

ZONING

(1) Rooming and/or boarding houses shall accommodate no mort? than four (4) guests at one (1) time. All yard areas for the district in which the home is located shall be maintained. A parking area shall accommodate a l l parking spaces as required by the off-street parking regulations. In outward appearance the rooming and/or boarding house shall be consistent with the character of other residences in the immediate area.

The following regulations will also be enforced:

(a) Minimum Lot Area 30,000 sq. ft.

(b) MinimumLotWidth 120 feet

(2)

(c) Maximum Height 35 feet

(d) Maximum Lot Coverage 35%

(e) Minimum Setback (front) 50 feet



I. Shopping Center.

(1) The purpose of this special use is to provide for a shopping center, developed as a single entity, with building space for lease or sale.

The principal permitted use and accessory uses shall be the same as those permitted in the " B Business District and subject to the same limitations.

The following dimensional regulations shall apply:

(a) Minimum Tract Area 4 acres

(b) Minimum Tract Width 300 feet

(c) Maximum Height 35 feet

(2)

(3)

(d) Maximum Lot Coverage 50%

(e) Minimum Setback (front) 75 feet



The shopping center shall be designed as a unit with a harmonious arrangement of building groups, open space, pedestrian and vehicular

(4)

27-46

(27, PART 5)

circulation and parking areas so as to make a safe, convenient, aesthetical- ly pleasing and functionally efficient shopping area.

The shopping center shall have a buffer area along all boundary lines. such buffer area shall be located within the shopping center tract and shall be used for no other purpose than landscaping and access road. The buffer shall consist of trees, shrubbery, flowers, grass and other foliage in an area having a depth of not less than twenty-five (25) feet. Such a buffer shall be maintained in good condition, free of paper and rubbish and free from all advertising and other signs. In addition, shopping center lighting shall be directed away from abutting properties.

All buildings within the shopping center shall be served by water and sewer.

(5)

(6)

(7) Road access to public streets from a shopping center shall be located no less than two hundred fifty (250) feet from any public street intersection. Points of ingress and egress shall be designed so that undue congestion to or interference with normal traffic flow within the Township shall be avoided. Not more than one (1) point of ingress or egress shall be allowed on any abutting street.

Adequate provisions shall be made for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the shopping center.

The requirements for off-street parking as described in Part 6 shall be met. In addition, off-street parking and loading spaces shall be provided as an integral part of the shopping center site; be physically separated from public streets; be paved with a bituminous or concrete material and be physically separated into sections by traffic islands or other approved means to provide for a safe, convenient and functionally efficient shopping area. Off-street parking and loading area shall be lighted so that no part of such area is in total darkness during night time use.

Storm drainage from roofs and paved areas shall be channeled to natural drainage courses and away from adjoining properties. All areas not containing buildings or paved areas for necessary parking and circulation shall be maintained in trees, shrubbery and grass for absorption of water run-off and hence for flood protection.

(8)

(9)

(10)

(Ord. 12/21/1982, 55.8)

27-47

(27, PART 6)

PART 6

SUPPLEMENTARY PROVISIONS

5601. HEIGHT OF STRUCTURES.

The height limitations of this Chapter shall not apply to farm structures, silos, water towers, church spires, belhies, solar energy collectors and equipment used for the mounting or operation of such collectors, windmills, chimneys or other appurtenance usually required to be placed above the roof level and not intended for human occupancy.

(Ord. 12/21/1982, 56.1)

5602. YARD REGULATIONS.

1. The space in a required front or side yard shall be free from structures except for an unroofed balcony, terrace or patio. In no case shall such balcony, terrace or patio be located closer than ten (10) feet to any adjacent property line.

Accessory structures may be placed in required rear yard areas subject to the provisions of 5606.

2.

(Ord. 12/21/1982, 56.2)

5603. LOTS OF RECORD.

Any parcel of land with an area or dimension less than that prescribed for a lot in the zone in which such lot is located, which parcel was in existence at the date of the adoption of this Chapter and whose owner since that date has not subdivided the parcel nor owned any adjoining land may use that lot for any purpose permitted in that zone provided all other regulations prescribed for that zone by this Chapter are met.

(Ord. 12/21/1982, 56.3)

5604. THROUGH LOTS.

Where a lot extends between two (2) streets, the front yard requirements otherwise relevant to the use shall apply in both street frontages.

(Ord. 12/21/1982, 56.4)

5605. VISIBILITY AT INTERSECTIONS.

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ZONING

On any comer lot in any district no fence, wall, hedge or other structure or planting more than thirty (30) inches in height as measured from the road surface shall be erected or placed withii thirty (30) feet of the "comer" so as to interfere with traffic visibility across the comer.

(Ord. 12/21/1982, s.5)

5606. PLACEMENT OF ACCESSORY USES AND STRUCTURES.

The placement of accessory uses and structures including private garages and parking areas are subject to the following requirements:

A.

B.

C.

D.

No accessory building may be constructed in a required front or side yard.

No accessory building shall be constructed within five (5) feet of the rear lot line.

Access driveways may be located within the required front yard or side yard.

Private garage, parking area or loading area shall have safe and adequate access to a public street.

(Ord. 12/21/1982,56.6)

5607. TEMPORARY STRUCTURES AND USES.

A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following provisions:

A.

8.

The life of such permit shall not exceed one (1) year.

Such structure or use shall be removed completely upon expiration of the permit.

(Ord. 12/21/1982, 56.7)

f1608. PRIVATE NONCOMMERCIAL SWIMMING POOLS.

1. All pools below ground level and those having sidewalls higher than three (3) feet above ground level without a safety ladder, removable steps or a gate which locks shall be walked or fenced so as to prevent uncontrolled access from the street or from adjacent properties. Such wall or fence shall be a minimum of four (4) feet in height and shall be so designed that no openings between slats, wires, posts, etc., are large enough for an infant or small child to pass through. Walls, fences or screening shall be maintained in good condition. Pools shall be adequately grounded for electricity.

27-50

(27, PART 6)

2. The pool, including walls, fences, panel areas and accessory structures adjacent thereto, shall not be located in any front yard nor closer than ten (10) feet to any property line. 0

(Ord. 12/21/1982, §6.8)

5609. HOME OCCUPATIONS.

Home occupations shall be allowed based on compliance with the following criteria:

A. A home occupation shall occupy a space which constitutes less than twenty-five (25) percent of the floor area of the dwelling. The occupation shall not occur in a garage or other accessory building, nor shall such structure be used for the computation of the floor area.

B. A maximum of two (2) persons, not residing at the dwelling, may be employed if the home occupation is a professional occupation.

Only persons residing at the dwelling may be employed if the home occupation is not a professional occupation.

No home occupation shall require structural alterations of an existing structure. The exterior design shall reflect the principal residential use 'of the structure.

Signs associated with the home occupation shall conform to provisions of Part 6.

The parking needs of the home occupation shall be met through the use of off- street parking areas according to the provisions of Part 6.

The home occupation shall not create noise, vibration, glare, odors, fumes or electrical interference beyond the bounds of the property to any extent greater or more frequent than ordinarily associated with the dwelling unit.

All storage of materials associated with the home occupation shall be in enclosed buildings.

C.

D.

E.

F.

G.

H.

(Ord. 12/21/1982, 56.9)

5610. PARKING AND LOADING REQUIREMENTS.

1. Off-street Parking. Off-street parking spaces for the parking of automobiles shall be provided pursuant to the provisions of this Section:

A. The provisions of this Chapter shall not apply to any building, structure or use lawfully in existence at the effective date of this Chapter, whether continued as a permitted or a nonconforming use.

27-51

ZONING

B.

C.

D.

- Use

Conversions-efficiency or one bedroom

Each parking space shall contain a minimum mea of two hundred (200) square feet and shall be a minimum of ten (10) feet in width (unless angle parking is used.) Areas of traffic movement such as parking lot aisles shall not be measured as part of a parking space.

Parking spaces shall be delineated through clearly marked or painted lines.

The minimum number of off-street parking areas required shall be calculated on the basis of the following table:

-- Requirements

One space for each dwelling unit

Church or place of worship

Conversions - two or more bedrooms One and one-half spaces for each dwell. II ing unit

One space for each four seats ( 2 0 of bench space is one seat), plus one space for each full-time emdovee

11 All other residences I Two suaces for each dwelling unit

Membership Clubs

Retail Stores, Shopping Centers

One space for each six persons of total capacity

One space for each one hundred fifty square feet of gross leasable area (GLA)

One space for each two hundred square feet of GLA, plus one space for each lull- time employee

I Professional Offices

Municipal Buildings

Hospitals

Nursing Homes

~ ~~ ~~~ ~~ ~

IrNursery or Elementary School I Two spaces for each classroom

One space for every two hundred square feet of floor area

One space for each three beds, plus one space for every employee on the largest shift

One space for each four beds

Commercial School /I One space for each five enrollees, plus one space for every full-time employee

Repair and Personal Services One space for each one hundred square feet of floor area serving customers and one space for each two full-time employees

27-52

(27, PART 6)

Home Occupation

Restaurant, Fast-Food

Service Station

One space for each one hundred square feet devoted to home occupation

One space for every three seats, plus one soace for everv two full-time emdovees

Three spaces for each bay, plus one space for each full-time employee

Manufacturing, Warehousing, Wholesal- ing and Transportation Terminals

Motorized Vehicle Sales and Service One space for each three hundred square I feet

One space for every two employees on the largest shift, plus one space for each company vehicle, plus one visitor space for every ten managers

Bowling Allev I Three maces for each lane II

Total Square Feet Devoted to Use

5,000 to 25,000

Theater

Required No. of Off-street Truck Load- ing Spaces

1

II ~ ~~~~~

One space for six seats, plus one space for every two full-time employees

25,001 to 40,000

40,001 to 100,000

2

3

Restaurant, Carry-Out ll One space for every one hundred square feet of floor space

2. Off-street Truck Loading Spaces.

A. Every structure or lot put into commercial or industrial use after the effective date of this Chapter which contains a total floor area of five thousand (5,000) square feet or more shall be provided with off-street truck loading spaces in accordance with the following schedule:

27-53

ZONING

Each additional 50,000 square feet 1 additional

(Ord. 12/21/1982,§6.10)

27-54

(27, PART 6)

5611. REGULATIONS GOVERNING SIGNS.

Signs may be erected and maintained only when in compliance with the provisions of this Section and any and all other ordinances and regulations relating to the erection, alteration or maintenance of signs and similar devices.

General Remlations. The following regulations shall apply to all permitted signs:

A.

Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

Signs, other than an official traffic sign, shall not be erected within the right-of-way lines of any street.

Signs shall not project beyond property lines nor over public sidewalk areas.

Signs shall not project above the height limit permitted in any district in which they are located.

A permit shall not be required for the erection, alteration or maintenance of any sign permitted in a residential district.

A permit shall be required for the erection, alteration or reconstruction of advertising sign boards, including poster panels, bulletins and the like.

B. Sims in Residential Districts. The following types of signs and no other shall be permitted in residential districts:

Nameplates and Identification Signs. Signs indicating the name and address of the occupant shall be no larger than two (2) square feet in area.

Sale or Rental Signs. Signs advertising the sale or rental of the premises upon which they are erected by the owner or broker or any other person interested in the same or rental of such premises and signs bearing the word "sold" or "rented" with the name of the persons effecting the sale or rental may be erected or maintained, provided:

(a)

(b)

Development Signs. Signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer or other person interested in such sale or development, may be erected and maintained, provided:

The size of any such sign is not in excess of six (6) square feet.

Not more than two (2) signs are placed upon any property.

27-55

ZONING

C.

D.

(a) The size of any such sign is not in excess of six (6) square feet.

(b) Not more than two (2) signs are placed upon any property.

Directional Signs. Signs indicating the location and direction of premises available for or in process of development, but not erected upon such premises and having inscribed thereon the name of the owner, developer, builder or agent may be erected and maintained, provided:

(a) The size of any such sign is not in excess of six (6) square feet and not in excess of four (4) feet in length.

Not more than one (1) such sign is erected on each five hundred (500) feet of street frontage.

(b)

Artisans Signs. Signs of mechanics, painters and other artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided:

(a)

(b)

Private Driveways. Signs indicating the private nature of a driveway or trespassing sign; provided, that the size of any such sign shall not exceed two (2) square feet.

Institutional Signs. Signs of schools, colleges, churches, hospitals or other institutions of a similar nature may be erected and maintained, provided:

(a)

(b)

Farm Product Signs. Signs advertising the sale of farm products when permitted by this Chapter, provided:

(a)

(b)

(c)

The size thereof is not in excess of twelve (12) square feet.

Such signs are removed promptly upon completion of the work.

The size of any such sign is not in excess of six (6) square feet

Not more than two (2) signs are placed on a property.

The size of any such sign is not in excess of six (6) square feet.

Not more than two (2) signs are used.

The signs shall be displayed only when such products are on sale.

Billboard. Billboards shall be prohibited in the Township.

Business Identification Sims. Signs bearing the name of the occupant and products manufactured, processed, sold or displayed may be erected and maintained on the premises in commercial districts.

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(27, PART 6)

E. Illuminated Signs. Illuminated, nonflashing and nonanimated business signs shall be permitted in a business district; provided, that the total area of each sign shall not exceed four (4) square feet.

(Ord. 12/21/1982, 56.11)

5612. REGULATION FOR FLOODPLAINS.

See Hubley Township Floodplain Management Regulations [Chapter 81.

(Ord. 12/21/1982, s6.12)

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(27, PART 7)

PART 7

NONCONFORMING USES AND STRUCTURES

5701. CONTINUATION OF USES.

Any lawful use of any dwelling, building, structure or land existing at the effective date of this Chapter may be continued even though such use does not conform to the provisions hereof.

(Ord. 12/21/1982,§7.1)

5702. REGISTRATION.

The Zoning Officer shall, upon adoption of this Chapter, identify and register all nonconforming uses and structures in the Township.

(Ord. 12/21/19&32,§7.2)

5703. NONCONFORMING USES.

Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:

a A.

8.

A nonconforming use may be changed into a conforming use.

A nonconforming use may be enlarged or extended up to fifty (50) percent of its volume as it exists at the time of adoption of this Chapter. Such use shall not be expanded into a more restrictive district than where it is located.

(Ord. 12/21/1982,57.3)

5704. NONCONFORMING STRUCTURES.

Nonconforming structures shall not be altered, reconstructed, extended or enlarged except in accordance with the following provisions:

A. Interior restoration or alteration and normal repair and maintenance is permitted.

Exterior restoration or alteration shall be permitted where such work will bring that structure into conformance or greater conformance to this Chapter. Achieving conformance with this Chapter shall be the highest priority.

B.

27-59

ZONING

C. A nonconforming structure may be enlarged or extended up to fifty (50) percent of its volume as it exists at the time of the adoption of this Chapter. Such use shall not be expanded into a more restrictive district than where it is located.

(Ord. 12/21/1982,57.4)

5705. NONCONFORMING LOTS.

A building may be constructed on a nonconforming lot; provided, the yard requirements of this Chapter are observed.

(Ord. 12/21/1982, 57.5)

5706. CHANGE OF OWNERSHIP.

The ownership of property classified as nonconforming may be transferred without affecting the right to continue such nonconforming uses.

(Ord. 12/21/1982,57.6)

5707. TERMINATION OF NONCONFORMITIES.

Nonconformities shall be deemed to have been terminated and shall not thereafter be reinstated:

A.

B.

When it is changed to a conforming use.

When the nonconforming use has been discontinued, removed or abandoned for twelve (12) consecutive months.

When fifty (50) percent or more of the existing floor area or volume of a nonconforming structure is destroyed by fire or other casualty or Act of God, the use of such structure as a nonconformity shall thereafter be terminated.

C.

(Ord. 12/21/1982, 57.7)

27-60

(27, PART 8)

PART 8

ZONING HEARING BOARD

27-61

(ZONING)

§Sol. ZONING HEARING BOARD.

1. -

2. -

- 3.

4. -

- 5.

6. -

There is herebv created for the Township a Zoninz Hearinz Board in accordance with the provisions of Article lX of the Pennsvlvania Municipalities Planning Code. 53 P.S. 510901 et seq,

The membership of the Board shall consist of three (3) residents of the Township appointed by resolution bv the Board of Supervisors. The terms of office shall t e for three (3) vears and shall be so fixed that the term of office of one (I) member shall expire each year. The Board shall promptly notifv the Board of Supervisors of anv vacanaes which occur. Appointments to fill vacancies shall be onlv for the unexpired portion of the term. Members of the Board shall hold no other office in the Township.

Anv Board member mav be removed for malfeasance. misfeasance or nonfeasance in office or for other iust cause by a maiority vote of the Board of Supervisors which appointed the member, taken after the member has received fifteen (15) davs advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writin%

The Board shall elect from its own membership its officers, who shall serve annual terms as such and mav succeed themselves. For the conduct of anv hearing and the taking of any action a auorum shall be not less than a maioritv of all the members of the Board, but the Board may appoint a hearing officer from its own memhershio to conduct any hearing on its behalf and the parties mav waive further action bv the Board as provided in this Chapter.

The Board may make, alter and rescind rules and forms for its procedure, c o n s i s m with ordinances of the Township and laws of the Commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Township and shall submit a report of its activities to the Board of Supervisor= requested bv the Board of Supervisors.

Within the limits of funds appropriated bv the Board of Supervisors, the Board may emplov or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.

( a d . 12/21/1982, 58.1; as amended by A.O.

27-62

(27, PART 8 )

27-63

27-64

(27, PART 8)

5802. HEARINGS.

The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:

- A.

B. -

- C.

D. -

E. -

F. -

- G.

Public notice shall be given and written notice shall be given to the applicant. the Zoning Officer and to anv person who has made timelv reauest for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Board. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one (1) week prior to the hearing.

The hearing shall be held within sixtv (60) days from the date of the applicant’s request, unless the applicant has agreed in writing to an extension of time.

The hearings shall be conducted bv the Board or the Board mav appoint anv member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board, however, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings bv the Board and accept the decision or findings of the hearing officer as final.

The parties to the hearing shall be the Township. any person affected by the application who has made timelv appearance of record before the Board, and anv other person including civic or communitv organizations permitted to appear bv the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided bv the Board for that purpose.

The chairman or acting chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested bv the parties.

The parties shall have the right to be represented bv counsel and shall be afforded the ouportunitv to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

Formal rules of evidence shall not applv. but irrelevant, immaterial, or unduly repetitious evidence mav be excluded.

27-65

(ZONING)

- H. The Board or the hearing officer, as the case mav be, shall keep a stenorrraphic record of the proceedings. The appearance fee for a stenomauher shall be shared equally bv the applicant and the Board. The cost of the original transcript shall be paid bv the Board if the transcript is ordered by the Board or hearing officer or shall be paid bv the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid bv the person requesting such copv or codes. In other cases the party requesting the original transcript shall bear the cost thereof.

The Board or the hearing officer shall not communicate, directly or indirrctlv, with any partv or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with anv uartv or his representative unless all parties are given an opportunity to be present.

The Board or the hearing officer, as the case mav be, shall render a written decision or, when no decision is called for, make written findinrzs on the application within forty-five (45) days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied bv findings of fact and conclusions based thereon togetherwith the reasons therefor. Conclusions based on any provisions of this Chapter or of any law, ordinance, rule or regulation shall contain a reference to the prov- relied on and the reasons whv the conclusion is deemed appropriate in the lizht of the facts found. If the hearing is conducted bv a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the partes within forty-five 145) davs and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than thirty (30) davs after the report ofthe hearing officer. Where the Board fails to render the decision within the period required bv this subsection, or fails to hold the required hearinz within sixty (60) davs from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicanthas ameed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided. the Board shall rive public notice of the said decision within ten (10) davs from the last dav it could have met to render a decision in the same manner as provided in subsection (1) of this Section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall ureiudice the right of any uarv opposing the application to appeal the decision to a court of competent jurisdiction.

A copv of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personallv or mailed to him not later than the dav following its date. To all other persons who have filed their name and address with the Board not later than the last dav of the hearing, the Board shall

- I.

I,

- K.

27-66

(27, PART 8)

provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

The Board of Supervisors shall establish, bv resolution, fees with respect to hearings before the Zoning Hearing Board.

- L.

(Ord. 12/21/1982, g8.2; as amended by A.O.

5803. JURISDICTION.

- 1. The Zoninp Hearing Board shall have exclusive iurisdiction to hear and render final adiudications in the following matters:

- A. Substantive challenges to the validitv of any land use ordinance, except those brought before the Board of Supervisors pursuant to 66609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. g610609.1, 10916.1.

Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised bv an appeal taken within thirty (30) days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the Township and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.

- B.

27-67

(ZONING)

- C.

D. -

- E.

F. -

- G .

H. -

I. -

Appeals from the determination of the Zoning Officer, including, but not limited to, the manting or denial of any permit. or failure to act on the application therefor, the issuance of any cease and desist order or the reeistration or refusal to register any nonconforming use, structure or lot.

Appeals from a determination bv the Township engineer or the Z o n i n a f b with reference to the administration of any floodulain or flood hazard ordinance or such urovisions within a land use ordinance.

Auulications for variances from the terms of this Chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to s910.2 of the MPC, 53 P.S 610910.2.

Applications for special exceutions under this Chauter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to 5912.1 of the MPC, 53 P.S. 610912.1.

Auueals from the determination of any officer or agencv charged with the administration of any transfers of develoument rights or uerformance densitv provisions of this Chapter.

Appeals from the Zoning Officer’s determination under 6916.2 of the MPC, 53 P.S. 610916.2.

Auueals from the determination of the Zonine Officer or Township engineer in the administration of anv land use ordinance or provision thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to develoument not involving applications under Article V or VII of the MPC. 53 P.S. 6610501 et seq., 10701 et s e ~

- 2. The Board of Suuervisors, shall have exclusive iurisdiction to hear and render final adiudications in the following matters:

- A. All applications for approvals of planned residential developments under A r a VI1 of the MPC pursuant to the provisions of 6702 of the MPC, 53 P.S. 610702.

All applications pursuant to 6508 of the MPC, 53 P.S. 610508, for approval of subdivisions or land developments under Article V of the MPC, 53 P.S. 610501

- B.

- C. Auulications for conditional use under the exuress provisions of this Chapter.

- D. Applications for curative amendment to this Chapter or pursuant to 6§609.1 and 916.Ua) of the MPC, 53 P.S. 6610609.1, 10916.l(a).

- E. All uetitions for amendments to land use ordinances. pursuant to the procedures set forth in 6609 of the MPC, 53 P.S. 610609.

27-68

(27, PART 8)

- F. Aupeals from the determination of the ZoninP Officer or the Townshiu engineer in the administration of anv land use ordinance or provisions thereof with reference to sedimentation and erosion control and storm water manaEement insofar as the same relate to auulications for land development under Articles V and W of the MPC, 53 P.S. #lo501 et seq., 10701 et seq. Where such determination relates only to development not involving an Article V or W auulication, the auueal from such determination of the Zoning Officer or the Township engineer shall be to the Zoning Hearing Board pursuant to this Section. Where the auulicable land use ordinance vests iurisdiction for final administration of subdivision and land development applications in the Planning Commission, all aupeals from determinations under this subsection shall be to the Planning Commission and all aupeals from the decision of the Planning Commission shall be to court.

(Ord. 12/21/1982,@3.3; as amended bv A.O.

s804. VARIANCES,

- 1. The Zoning Hearine Board shall hear reauests for variances where it is alleged that the provisions of this Chapter inflict unnecessary hardshiu upon the applicant. The Board may bv rule prescribe the form of application and may require ureliminarv application to the Zoning Officer. The Board may mant a variance, provided that all of the following findines are made where relevant in a given case:

- A. That there are unique uhvsical circumstances or conditions, including irremlari- tv. narrowness, or shallowness of lot size or shape, or exceutional touomaphical or other physical conditions ueculiar to the particular urouertv and that the unnecessarv hardshiu is due to such conditions and not the circumstances or conditions generallv created bv the provisions of this Chapter in the neighborhood or district in which the propertv is located.

27-69

(ZONING)

provisions within a land use ordinance; from the determination of any officer or agency charged with the administration of any transfer of development rights or performance densitv provisions of this Chapter; from the determination of the Zoning Officer or Township e n h e e r in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to development not involving subdivision and land development or planned residential development may be filed with the Zoning Hearing Board in writing bv the landowner affected, any officer or agency of the Township. or anv person agmieved. Requests for a variance and for special exception may be filed with the Board bv anv landowner or anv tenant with the permission of such landowner.

(Ord. 12/21/1982; as added by A.O.

,6807. TIME LIMITATIONS.

- 1. No person shall be allowed to file anv proceeding with the Zoning Hearing Board later than thirtv 130) davs after an application for development, preliminarv or f i n a 1 , h been approved bv the Township if such proceeding is designed to secure reversal or to limit the approval in anv manner unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval. he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan or from an adverse decision bv the Zoning Officer on a challenqe to the validitv of this Chapter or an amendment hereto or map or an amendment thereto shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.

All appeals from determinations adverse to the landowner shall be filed by the landowner within thirtv (30) davs after notice of the determination is issuecl.

- 2.

(Ord. 12/21/1982; as added by A.O.

27-72

(27, PART 9)

PART 9

ADMINISTRATION AND ENFORCEMENT

5901. GENERAL PROCEDURE.

1. Persons desiring to undertake any new construction, structural onsite alteration or changes in the use of a building or lot shall apply to the Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee.

The Zoning Officer shall either issue the zoning permit or shall refuse the permit indicating in writing the reason for refusal. Certain construction, alterations or uses require approval of the Zoning Hearing Board and/or approval of the Board of Supervisors.

If refused a permit by the Zoning Officer the applicant may appeal to the Zoning Hearing Board for further consideration.

After the zoning permit has been received by the applicant he may proceed to obtain other necessary permits and undertake the action permitted by the zoning permit and other necessary permits.

Upon completion of such action the applicant shall apply to the Zoning Officer for an occupancy permit where such a permit is required.

If the Zoning Officer finds that the action of the applicant is in accordance with the zoning and any other required permits he shall then issue an occupancy permit where such a permit is required.

If the Zoning Officer finds that the action of the applicant is in accordance with the Zoning and any other required permits he shall then issue an occupancy permit allowing the premises to be occupied.

2.

3.

4.

5.

6.

7.

(Ord. 12/21/1982, 59.1)

27-73

ZONING I

-,s?RkHe . . . . . .

9902. APPOINTMENT AND POWERS OF ZONING OFFICER.

- 1. For the administration of this Chapter, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed.

27-74

(27, PART 9)

- 2. The Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoninG

The Zoning Officer shall administer this Chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this Chapter.

The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his emulovment.

Duties. The duties of the Zoning Officer shall be:

- 3.

- 4.

- 5.

A.

B.

- -

- C.

- D.

- E.

F. -

- G.

- H.

To administer this Chapter in accordance with its literal terms.

To receive and check all applications for zoning permits and certificates of occupancy and to make notations as to special conditions attached thereto.

To issue zoning permits and certificates of occupancy onlv for construction and uses which are in accordance with the regulations of this Chapter and subsequent amendments or through Zoning Hearing Board or court approval. Zoning permits and certificates of occupancy shall not be issued where the request concerns a lot, parcel or tract in a subdivision required to be approved under applicable subdivision and land development regulations which subdivision or development has not had the required approval.

To record and file all applications for zoning permits and certificates of occupancy together with accompanying plans and documents and keep them for public record.

The Zoning Officer shall issue certificates of occupancy for non-conforming uses and shall examine them periodically to determine that they do not expand beyond the limitations prescribed in this Chapter.

To be responsible for keeping this Chapter, including the Zoning Map, up-to- date and to include any amendments thereto.

To participate in all proceedings before the Zoning Hearing Board and, at their request, to furnish said facts, records and similar information which will assist the Board in reaching its decision.

To notifv in writing in the event of a violation of this Chapter the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it. Such written notification shall be done by certified mail. Corrective action may include an order to discontinue illegal uses of land, buildings or structures; to discontinue illeval uses of land, buildings or structures: to discontinue any illegal work being done; or to remove illegal buildings, structures, additions or structural alterations thereto.

27-75

ZONING

- I. To institute proceedings in courts of proper iurisdiction for the enforcement of the provisions of this Chapter.

( a d . 12/21/1982,§9.2; as amended by A.O.

5903. ZONING PERMITS.

A zoning permit shall be required prior to the erection, construction, moving or alteration of any building, structure or portion thereof but not including normal repairs, maintenance or interior remodeling.

A. Applications.

(1) All applications for permits shall be made in writing by the owner or tenant or authorized agent and shall be filed with the Zoning Officer on forms prescribed by him.

Applications shall contain all information necessary to ascertain whether the proposed erection, construction, alteration or use complies with the provisions of this Chapter including the following:

(a)

(2)

Existing and proposed uses of the building or land and number of families to be accommodated.

A plan in duplicate and drawn to scale indicating that actual dimensions and shape of the lot to be built upon; the exact size and location on the lot of all buildings and other structures, if any; the location and dimensions of proposed buildings and other structures or additions; and the location of road right-of-way lines adjoining the property.

(b)

(3) If the applicant desires the Zoning Board to grant a special exception then, in addition, the application shall set forth the nature of the special exception and shall state the reasons why such special exception should be granted and any other information the Zoning Hearing Roard may request.

If the applicant desires the Board of Supervisors to grant a conditional use, then, in addition, the application shall set forth the nature of the conditional use and shall state the reasons why such conditional use should be granted and any other information the Board of Supervisors, or the Planning Commission, in its review may request.

(4)

8. Grant or Refusal of Auulication.

(1) No zoning permit shall be issued until the Zoning Officer has certified that the proposed building, structure, use or alteration complies with the provisions of this Chapter and other applicable ordinances.

27-76

(27, PART 9)

(2) Applications for zoning permits shall be granted or refused within fifteen (15) days from the date of filing a fully completed application. One (1) copy of the plans shall be returned to the applicant marked either approved or disapproved and attested to same by the signature of the Zoning Officer. The second copy of the plans, similarly marked, shall be filed in the office of the Zoning Officer.

C. Notice of Startine. Work. The Zoning Officer shall be given at least twenty-four (24) hours notice by the owner or applicant prior to commencement of work at the site having a zoning permit which is properly posted.

Time Limitation. No zoning permit for construction, erection or alteration of any building or structure or part thereof shall be valid for more than one (1) year unless work at the site has commenced within such period but, in any case, all exterior work must be completed within two (2) years.

Violation of Time Limitation. If the work for which the permit has been granted has not been started within one (1) year from the granting of such permit or if the work has not been completed within two (2) years, the Zoning Officer shall cancel the permit and shall give written notice to the applicant stating that further work shall not proceed unless and until a new zoning permit has been obtained.

Completion of Work. Upon completion of the construction, erection or alteration of any building, structure or portion thereof authorized by any zoning permit obtained in compliance with this Chapter, and prior to use or occupancy, the holder of such permit shall notify the Zoning Officer of such completion. Use and occupancy shall not be authorized until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with this and other applicable ordinances and has issued a certificate of occupancy as provided in this Chapter.

D.

E.

F.

(Ord. 12/21/1982,§9.3)

5904. CERTIFICATE OF OCCUPANCY.

1. Circumstances Requiring Certificate. A certificate of occupancy shall be required prior to the occupation for use or change of use of land, building or structure except for uses accessory to private residences, private recreation or agriculture uses.

Auplication for Certificate. Application for a certificate of occupancy shall be made upon notification to the Zoning Officer:

A.

2.

When use of the premises involves a new building or structure or additions to an existing building or structure such application shall be made at the time of completion of the structure.

27-77

ZONING

8. When no construction or alteration is involved, application to change the building or land use may be made at any time. Such application shall contain all information necessary for the Zoning Olficer to determine whether the proposed occupancy and land use conforms to the provisions of thi:j Chapter.

(Ord. 12/21/1982,59.4)

5905, ISSUANCE OF CERTIFICATE OF OCCUPANCY.

1.

2.

3.

No occupancy certificate shall be issued until the Zoning Officer has certified that the proposed use complies with all the provisions of this Chapter or with a decision of the Zoning Hearing Board or the courts.

An application for a certificate of occupancy shall begranted or refused wilhin lifteen (15) days after the Zoning Officer has been officially notified or:

A. Completion of construction.

B. Application for change of use of a building or land when no construction is involved.

Pending completion of a building or of alterations thereto, a temporary occupancy pennit may be issued by the Zoning Officer for a temporary occupancy of a part or all of a building; provided, that such temporary occupancy would not tend in any way to jeopardize life or property.

(Ord. 12/21/1982,59.5)

3906. ENFORCEMENT NOTICE.

- 1. If it appears to the Township that a violation of this Chapter has occurred, the Township shall initiate enforcement proceedings bv sending an enforce- notice as provided in this Section.

27-78

(27, PART 9)

- 2. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to anv person who has filed a written request to receive enforcement notices regarding that parcel, and to anv other person requested in writing bv the owner of record.

- 3. An enforcement notice shall state at least the following:

- A. The name of owner of record and anv other person against whom the Township intends to take action.

The location of the propertv in violation.

The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Chapter.

The date before which the steps for compliance must he commenced and the date before which the steps must be completed.

That the recipient of the notice has the right to appeal to the Zoning Hearinv Board within a period of ten (10) davs.

That failure to complv with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearlv described.

- 8.

- C.

- D.

- E.

- F.



- 1. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a iudament of not more than five hundred ($500.00) dollars plus all court costs, including reasonable attomev fees incurred bv the Township as a result thereof. No iudment shall

27-79

ZONING

commence or be imposed, levied or pavable until the date of the determination of a violation bv the district iustice. If the defendant neither pays nor timelv a3peals the judment, the Township may enforce the iudment pursuant to the apdic,able rules of civil procedure. Each dav that a violation continues shall constitute d setearate violation, unless the district iustice determining that there has been a violation further determines that there was a good faith basis for the porson. partnership or corporation violating this Chapter to have believed that there was no such violation. in which event there shall be deemed to have been onlv one (1) such violation until the fifth /5th) dav following the date of the determination of a violation by the district iustice and thereafter each dav that a violation continues shall constitute a separate violation.

The court of common pleas, upon petition, may mant an order of stay. upon cause shown, tolling the per diem fine pending a final adiudication of the violation and judgment.

Nothing contained in this Section shall be construed or interpreted to grmt to any person or entitv other than the Township the right to commence any action for enforcement pursuant to this Section.

District iustices shall have initial iurisdiction over proceedings brought under this Section.

- 2.

- 3.

- 4.

(Ord. 12/21/1982. 69.7; as amended by A.O.

5908. CAUSES OF ACTION

. In case anv building!, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township. or any aggrieved owner or tenant of real propertv who shows that his propertv or person will be substantiallv affected bv the alleged violation, in addition to other remedies. mav institute anv appropriate action or proceeding to prevent. restrain, correct or abate such building, structure, landscaping or land, or to prevent. in or about such premises, any act, conduct, business or use constituting a violation. When anv such action is instituted bv a landowner or tenant, notice of that action shall be served upon the

27-80

(27, PART 9)

Township at least thirtv (30) davs prior to the time the action is bemn bv serving a COPY of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.


5909. SCHEDULE OF FEES.

The Board of SuDervisors has established bv resc tion a schel of fees and a collection procedure relating to all applications filed pertaining to this Chapter. No application shall be considered filed until all fees are paid.

(Ord. 12/21/1982,59.9)

5910. EXEMPTIONS.

This Chapter shall not apply to any existing or proposed building, an extension thereof, used or to be used by a public utility corporation, if upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.

(Ord. 12/21/1982,~9.10)

27-81

(27, PART 10)

PART 10

AMENDMENTS

§lOOl. ENACTMENT OF ZONING ORDINANCE AMENDMENTS.

1. -

2. -

3. -

The Board of Supervisors may from time to time amend, supplement, or repeal any of the regulations and provisions of this Chapter. The procedure for the preparation of a proposed zoning ordinance as set forth in 6607 of the Pennsvlvania Municipalities Planning Code, 53 P.S. 610607, is hereby declared optional.

Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearine thereon, pursuant to public notice. In addition, if the proposed amendment involves a zoning map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the perimeter of the tract to notify potentiallv interested citizens. The affected tract or area shall be posted at least one (1) week prior to the date of the hearing.

In the case of an amendment other than that prepared bv the Planning Commission the Board of Supervisors shall submit each such amendment to the Planning Commission at least thirtv (30) days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunitv to submit recommendations.

27-83

ZONING

- 4. If, after any public hearing held upon an amendment, the prouosed amendment is changed substantially, or is revised to include land ureviouslv not affected bv it, the Board of Supervisors shall hold another public hearing, pursuant to putllic notice, before proceeding to vote on the amendment.

At least thirtv (30) days prior to the public hearing on the amendment by the Board of Supervisors, the Township shall submit the prouosed amendment to tlie Countv planning agenw for recommendations.

Within thirty (30) davs after enactment, a copy of the amendment to this Chapter shall be forwarded to the Countv planning agency.

( a d . 12/21/1982, §§10.1,10.2; as amended by A.O.

- 5.

- 6.

51002. PROCEDURE FOR LANDOWNER CURATIVE AMENDMENTS.

- 1. A landowner who desires to challenge on substantive grounds the validitv of this Chapter or the Zoning Map or anv provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit n curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in 6916.1 of the Pennsvlvania Municipalities Code (hereinafter "MPC"), 53 P.S. 610916.1. The curative amendment and challenge shall be referred to the Planning Commission and the Countv planning agencv as provided in 6609 and notice of the hearing thereon shall be given as provided in 66610 and 916.1 of the MPC, 53 P.S. 6610609, 10610, and 10916.1.

The hearing shall be conducted in accordance with 6908 of the MPC, 53 P.S. 610908, and all references therein to the Zoning Hearing Board shall, for purposes of& Section be references to the Board of Supervisors. If the Township does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire Chapter and Zoning Map, but onlv for those provisions which specificallv relate to the landowner's curative amendment and challenge.

The Board of Supervisors, if it determines that a validity challenge has merit, may accept a landowner's curative amendment, with or without revision, or may adopt an

- 2.

- 3.

27-84

(27, PART 10)

alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatow material submitted bv the landowner and shall also consider:

- A. The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;

If the proposal is for a residential use, the impact of the proposal upon r e ~ o n a l housing needs and the effectiveness of the proposal in providing housing units of a twe actually available to and affordable by classes of persons otherwise unlawfullv excluded bv the challenged provisions of this Chapter or Zoning Map;

- 8.

- C. The suitability of the site for the intensity of use proposed bv the site’s soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;

The impact of the proposed use on the site‘s soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroved, the tolerance of the resources to development and any adverse environmental impacts; and,

The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

- D.

- E.

( a d . 12/21/1982, 510.3; as amended by A.O.

27-85

ZONING

27-86

APPENDIX

The following ordinances and resolutions are no longer of general interest, primarily because their provisions were carried out directly after their enactment. Since they are mainly of historical or administrative interest, it has not been considered necessary to include their entire text. Instead, they are arranged in groups, according to subject matter. The annual budget and tax ordinances have been listed only in the "Key to the Disposition of Ordinances." Any person who desired to read the full text of any of the ordinances or resolutions may do so by consulting the original Ordinance Books on file in the Township Offices.

The enactments included in this Appendix are grouped under the following headings.

A . . . . . . . . . . . . . . . . . . . Annexation of Territory

B .................... Bond Issues and Loans

C . . . . . . . . . . . . . . . . . . . Franchises and Services

D . . . . . . . . . . . . . . . . . . . Governmental and Intergovernmental Affairs

E . . . . . . . . . . . . . . . . . . . . Plan Approval

F . . . . . . . . . . . . . . . . . . . . Public Property

G . . . . . . . . . . . . . . . . . . . Sewers

H . . . . . . . . . . . . . . . . . . . Streets and Sidewalks

I .................... Water

J . . . . . . . . . . . . . . . . . . . . Zoning; Prior Ordinances

A-1

APPENDIX A

ANNEXATION OF TERRITORY


A-3

Ordinance/ Resolution

Res. 5

25

30

37

38

APPENDIX B

BOND ISSUES AND LOANS

Date -

1/6/1970

5/3/1982

2/2/1987

2/13/1993

5/-/1994

Subiect

Making a temporary loan of $4,000.00 to meet expenses

Increasing the indebtedness in the amount of $45,000.00 for the purpose of acquiring real estate and building located within the Township.

Authorizing refunding indebtedness to the Gratz National Bank in the sum of $39,000.00.

Authorizing refunding of indebtedness in the ., sum of $30:000.00.

Increasing the indebtedness in the amount of $200,000.00 for the purpose of constructing a water distribution system.

Increasing the indebtedness in the amount of $1,688,830.00 by guaranteeing indebtedness of Hubley Township Authority incurred for the purpose of constructing a water distribution svstem.

A-5

APPENDIX C

Ordinance1 Resolution

29

FRANCHISES AND SERVICES

- Date Subiect

10/6/1983 Authorizing the grant of a CATV franchise to Century Lykens Cable Corporation.

A-7

APPENDIX D

GOVERNMENTAL AND INTERGOVERNMENTAL AFFAIRS


Res. 2

~

Res. 3

Res. 6

Res. 22

Res. 23

Res. 8/5/1985

Res. 4/7/1986

Agr. 9/2/1986

Res. 20

Date Subiect

11/2/1964 Naming the wage tax collector and choosing a representative to attend the State Convention.

4/25/1966 Waiving the notice requirements to be given by the second taxing body, Tri-Valley School District, to the first taxing body, the Hubley Township Supervisors, for enactment by the school district of an earned income tax.

1/6/1970 Hiring a Township police officer on a part- time basis.

4/2/1981 Officially requesting a Community Facility’s Grant and designating an individual to file and s im any vouchers, transmittals, etc.

Providing that while receiving any State funds pursuant to Act 120,1974, the Township will adhere to the standards for training established by the Commission.

Accepting transfer from State to Township control a certain portion of L.R. 53050.

Authorizing the Tax Claim Bureau for the County of Schuylkill to take any and all action on behalf of the Township necessary for the resolution and final payment of the taxes due and owing the Township.

Entering into an agreement with the Department of Transportation to provide winter traffic services.

9/4/1990 Supporting the passage of legislation to authorize municipalities to impose fair and equitable impact fees on new development to pay for the costs of the infrastructure improvements needed to serve a new development.

I Agr. 2/3/1992

2/6/1995 l- Entering into a cooperative fire protection agreement with the Township of Hegins.

Approving a law enforcement services contract between Hegins Township and Hubley Township wherein Hegins Township will provide certain law enforcement services to Hubley To~mship.

--

A-10

APPENDIX E

PLAN APPROVAL


Res. 2/6/1989

Date Subiect -

Adopting the Schuylkill County Solid Waste Management Plan

Res. 10/7/1991

A-11

Adopting the Schuylkill County Act 101 Municipal Solid Waste Plan

APPENDIX F

PUBLIC PROPERTY


- Date Subiect

Agr. 4/12/1982

A-13

Purchasing certain property, sheds, vehicles and readily removable equipment in the amount of $45,000.00.

APPENDIX G

SEWERS


A-I5

e APPENDIX H



A-17

APPENDIX I

WATER

~~

4/2/1981


Res. 21 Providing funding in the form of a Community Facility’s Grant from the Department of Commerce shall be used for planning, establishing and erecting a water distribution and delivery system.

Res. 4/17/1982

Subiect I - Date

Appointing an individual to execute and file applications for grants or loans to aid in financing the construction of a water line and related facilities in the Township.

A-19

APPENDIX J

ZONING; PRIOR ORDINANCES


A-21

Chapter 1

Chapter 18

Superseded by

55301-308 Recreation Commission

5§101-104 Sewers and Sewage Disposal

31 Realty Transfer Tax

Chapter 1

Appendix

Chapter 8

Chapter 27

Repealed by

Chapter 11

s201-204 Planning Commission

B Bond Issues and Loans

§§101-502 Floodplains

§§lOl-lOOS Zoning

A.O. Fire Prevention Code

#101-103 Housing

Appendix B Bond Issues and Loans

Chapter 24 §§101-117 Realty Transfer Tax I

Chapter 1

Appendix I

§§501-506

B

TOWNSHIP OF HUBLEY

KEY TO THE DISPOSITION OF ALL ORDINANCES

Ordinance I+ Disposition Number I Repealed by I A.O.

Chapter 24 I 66301-305 -/-/1962

11/2/1964 II Chapter 24 1 s201-207 Earned Income and Net Profits Tax

II 7 Chavter 6 I 66101,102 I Disorderly Conduct II I" Chapter 10 Repealed by

§§101-103 A.O. I and Safety

Chavter 21 I 66201-219 I Streets and Sidewalks II I L II 15

II 23

II 24

12/21/1982 I+ II 29 Avvendix I C I Franchises and Services II

lI+ II 32 Subdivision and Land

Streets and Sidewalks

Chapter 22 SlOl-Part 8

Chapter 21

~

Chapter 21 Streets and Sidewalks

Superseded by I 41 Compensation of Supervisors

I L Municipal Authority

Bond Issues and Loans

K-I

Ordinance

38 Bond Issues and Loans

Disposition Number Subiect

Appendix B

Chapter 26

K-2

§§101-108 I Water Connections

40

41

A.O.

Appendix D Governmental and Intergovernmental Affairs,

Chapter 1 slO1-103 Compensation of

Adopting Ordinance

0 TOWNSHIP OF HUBLEY

KEY TO THE DISPOSITION OF ALL PERTINENT RESOLUTIONS

0

0

Resolution

1

3

5

Ll

22

23

Agr. 4/12/1982

4/17/1982

8/5/1985

4/7/1986

Agr. 9/2/1986

10/8/1986

2/6/1989

2/6/1989A

20

10/7/1991

Agr. 2/3/1992

Disuosition

Wage Tax

Appendix

Appendix

Appendix

Appendix

Appendix

Appendix

Appendix

Appendix

Appendix

Appendix

Appendix

Appendix

Appendix

Appendix

Superseded by

Appendix

Appendix

Appendix

Number

1965

D

D

B

D

I

D

D

F

I

D

D

D

B

E

A.O.

D

E

D

Subiect I Governmental and Intergovernmental Affairs

Governmental and Intergovernmental Affairs

Bond,Issues and Loans I1 Governmental Affairs

Water


Governmental and

Water

Intergovernmental Affairs



Bond Issues and Loans II Franchises and Services I Subdivision and Land Development


Franchises and Services


KR-1

Resolution

1/4/1993

KR-2

Disposition Number Subiect

Superseded by A.O. Sewage Permit Fees